Noc to sell flat

clear the bank loan and get NOC from the society.No other way.

You say that your mother's son had indulged into some illegal activities during the absence of your mother, what are you to your mother and what are you to he son?, Where were you staying during his illegal activities at that home?, whether he forged her signature and availed loan in her favor?, or whether your mother herself availed loan?, so long there is an outstanding loan against the property , it will not be possible to get NOC. So, as advised, first clear the loan and then go for NOC.

1. The querist  has not come with all the  facts in his above query,

2. How your mother's son has mortgaged your mother's property with Bank to create security interest on it so that the bank is now asking possession of it for selling the same to realise the outstading  loan amount standing against your said mother's son?

3. If he has forged any document, then meet the Bank to state that your mother still posses the original title deed of her said property & Bank has been cheated by your mother's son by  depositing fake property document to take loan,

4. If Bank refuses to listen, write to Bank's Ombudsman accordingly.

Thanks everyone for the reply. Here are some clarification on my post.

The person who took the loan is my elder brother. He is the only one who stayed at my mother's flat during our absence. I also went to oversees with my mother.

also,my brother took PERSONAL LOANS under his name. There is NO PROPERTY LOAN (FLAT LOAN). But due to some illegal activity/ Personal Loan, the Society was told not to issue NOC to sell flat.

Now if my mother goes to Bank, will they make her pay off the Loan, which is did not take? Is it possible that Court can take possession of the Flat to recover loan?

1. Be it personal loan or property loan, if your mother's property has not been mortgaged with the Bank by depositing the original Title Deed of the property, then the said property is free from any charges of the Bank,

2. Against whose illegal activity  the society was told not to issue NOC & who told such things?

3. If your mother has not mortgaged her property or if she has not stood as guarantoe for any body's loan which has now become outstanding, & also if there are no other legal hitches, the Society can not refuse to issue NOC for your mother's selling her flat.  

 My mother has not taken any Personal loan or she has not mortgaged her flat with Bank. The flat is free of any mortgage. mother has the original documents of the flat.

Mother's son (my elder brother) took Personal loans and used flat address for some illegal activity. Due to that Police and Bank officials told society's secretory to inform them if any of the family member visit the flat and not to issue NOC. i don't know what kind of Police case is involved in it.

So if my mother goes to live at flat Bank people will ask where is your Son? or Police will inquire her. so my question is, if my mother goes to live at that property will she get trouble from Police and Bank? Can they do any legal action against my mother or make her pay loan amount? Do we need to solve this matter in order to sell flat? thanks again for your help.

1. For the illegal activities of your morher's son, your mother can not be held responsible,

2. Police can ask your mother about the whereabouts of her said son which she can answer,

3. The society has no right to refuse the issuance of NOC to your mother if she wants to sell her said flat.