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Sam   30 March 2018

Demand of noc from society(bye laws) in maharashtra

Hi,

My father(still alive, Mashaallah) has gifted me a property(MHADA) through registered gift deed. I want to apply for membership transfer in my name in the society. The society is however asking for NOC of my siblings for the same. Now the problem is one of my siblings is not ready to give NOC due to some family issues (i cant reveal this to society as they know us very well).

My father has provided me with registered Gift deed, affidavit and indemnity bond. 

I want to know is there any way i can transfer the membership in my name without one of siblings NOC for the same?

Any help is highly appreciated. Thank you!



Learning

 5 Replies

Ompal Aggarwal (Advocate)     31 March 2018

If the property gifted to u by ur father is self acquired self earned nd ihsound min

Ompal Aggarwal (Advocate)     31 March 2018

nd have sound mind then he can dispose as he wish

Ompal Aggarwal (Advocate)     31 March 2018

nd have sound mind then he can dispose as he wish

Sam   31 March 2018

Thank you for replying Sir!

Yes he is in sound mind and it is a self acquired property by him. How can i proceed then with the society as they are asking for NOC from my siblings? All my siblings are ready to give me NOC except one. Is there any clause/rules i can show to the society or pursue them to transfer in any other way? 

Thanks!

Yusuf Rampurawala   03 April 2018

the society's demand is illegal. once the owner of the flat has transferred his rights in the flat by a registered gift deed in favour of the son, only that registered gift deed is sufficient to effect the transfer to your name. the noc of the siblings is not required at all. this is complete rubbish. explain this to the society. if the society does not understand and accept your request then file a complaint against the society with the district deputy registrar of co-operative societies. hope this helps. im surprised by the amount of ignorance of the society!!!


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