Upgrad LLM

advice on society noc policy

Hello everyone!
I have a problem taking loan for mortgage due to co-operative society not providing NOC.
The society says they can not give membership or NOC to house holder having less that 900 sqft area.
Previous owner had constructed 2 houses of 450 sqft each from 900 sqft and while purchasing we didn't know about this.
Now I want to do renovation by taking mortgage loan for my house but society says it is rule we can not give NOC 
or share certificates to houses less than 900 sqft.
What should I do? is there any way to make ammendments in society rule?
Society secretry neglected my request for the same. 
Please help. Thanks in advance.


In which State are you?  In Maharashtra there are Model Byelaws which says that a member can be permitted to mortgage his flat only for the purpose of purchase of the property. For renovation of the house permission can be given. There is no law applicable to more than or less than certain square feet area.

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ha21@rediffmail.com Mumbai : 9820174108

1.  FIRSTLY issue a Legal Notice to the Society Secretary, for issuing NOC.

2.  Based on Society's answer or no answer, file a greivance petition before the local consumer court. Just ensure that the house structure is legal enough as per the local Municipal plans.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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I am Gujarat, Rajkot


Co-operative laws in Gujarat are similar to those in Maharashtra.




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