Our society member have re-saled his flat. He has shared the agreement copy with society.
He along with new owner has requested NOC from society in the format given by State Bank of India.
There are 2 objectionable clause /points mentioned in the NOC:
1. The title of property described is clear, marketable and free from all encumbrances and doubts.
2.We have not borrowed from any financial institution for the purchase /development of
the property and have not created and will not create any encumbrances on the property
allotted to the said purchasers during the currency of the loan sanctioned/to be sanctioned
by the Bank to them subject to the due and proper performance and compliances of all the
terms and conditions of the sale document by the said purchasers.
Following are my queries:
1. Is secretary/chairman/treasures responsible to sign these clauses?
2. If yes,
a) What documents should be reference to cross check above points.
b) what are the additional clauses needs to be added before providing such NOC to flat owner/member of society.
3) if no, what should we provide as reasons to respond to owner in writing.