Society noc

Sushil Shingote (Querist) 03 June 2021 This query is : Resolved
I have transferred my home loan from one bank to other on February 2020 & then again I have transferred balance amount of home loan from other bank to another bank (3rd bank) now on March 2021. Since bank requires society NOC to transfer loan amount from bank to bank society have given me NOC on February 2020 but while transferring loan on March 2021 society chairman told me that, they cannot give NOC to same flat again & again and added that this is the last time we are giving you NOC. So the NOC which I provided to current home loan bank is provisional one & they are asking me for final NOC from society till then they cannot disburse balance amount of home loan.

Please advise what I can do in such situation?

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Quick Summary

If your society is refusing to issue a No Objection Certificate (NOC) for a subsequent home loan transfer, despite having issued one previously, you may have options. While societies can refuse frequent NOCs, they generally cannot deny one without valid reason if all your dues are paid. Consider asking your previous bank to transfer the existing NOC to your current bank, or if necessary, explore filing a complaint with the co-operative society registrar.

kavksatyanarayana (Expert) 03 June 2021
Your query seems to be missed something. Consult a local lawyer with full details.

T. Kalaiselvan, Advocate (Expert) 04 June 2021
When it is a take over loan from one bank to another there is no necessity for NOC from the society.
Further the society also cannot furnish NOC frequently at your whims especially if you keep changing your banks for loan purpose.
The president of your society is right because as per bylaws of the society he furnished you the NOC once, now it is for the bank taking over the loan from another bank to get the NOC also from that bank which was already issued by society.
In this situation you may ask your previous bank to transfer the NOC held by them to the current bank for the purpose of loan.

Dr J C Vashista (Expert) 04 June 2021
No NOC is required for transfer of loan from one bank to another.
Why do the President of Society oblige you by providing NOC frequently ?
You are playing game between one to another Bank, if your story is true, is there any justified reason ?
What is the type of Society referred by you in the post e.g. Cooperative Housing Society or RWA of a Society ?

SHIRISH PAWAR, 7738990900 (Expert) 04 June 2021
Hello,

As per my opinion, society must give you NOC if you have paid all the dues. If society is not providing NOC you can approach co. op. society registrar and file a complaint against the society.

ashok kumar singh (Expert) 04 June 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks

P. Venu (Expert) 04 June 2021
Yes, NOC cannot be refused without any valid reason. Managing your private affairs is the ordinary right of the citizens and Society or its management cannot take an adversarial stand so long as there is nothing to compromise the interest of the CHS.

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