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Ashok Purohit   26 May 2021

Society noc

I am selling my falt after knowing the society in advance about the buyer the society is not allowing NOC even after 3 months of part agreement & nor does they are saying the reason behind it.


 12 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 May 2021

The very strange situation of Society not even giving the reason for not issuing NOC. Was there any dispute between you and the Society or a Court Case etc? You may cause to issue a Legal Notice to the President and Secretary of the Society referring to your request for NOC and their inordinate delay without assigning any reason and demand the NOC forthwith, failing which you shall be constrained to take further action and the society shall be responsible for all the expenses and any loss incurred to you due to their not issuing NOC.

Vandan Kumar   27 May 2021

Society NOC is not mandatory as per Act, For your information please

Sankaranarayanan (Advocate)     27 May 2021

To sell a property situated in a Society the NOC is not mandatory

G.L.N. Prasad (Retired employee.)     27 May 2021

There may be arrears of maintenance or some other issue or violations in construction and such issues against bye laws. However

1.Issue a notice seeking specific reason from society for their objections in not providing NOC and stating that you may have to proceed against society for deficiency of services through consumer forum demanding costs and compensation for inordnate delay.

2, Make a complaint to the Registrar of Society as grievance and seek their intervention.

3.File RTI Application and get authentic confirmation on record seeking information from SPIO, SR of Socetes as follows:

1.Please provide me a certified copy of orders/circular/notification that states that Seller has to get NOC from resident society while selling a flat.

T. Kalaiselvan, Advocate (Advocate)     27 May 2021

A No-Objection Certificate (NOC) from Society is not mandatory while buying a flat. A society's role is limited to registering the transfer of shares from the seller to the buyer. Any attempt by a housing society to block the sale of the flat will violate the law and entail severe legal repercussions.

If society refuses to give NOC member can approach dy registrar orr  coop court or  consumer court.

A society can't refuse to issue the NOC.

Move the court. 

Society is the owners association to proper maintain of building , they have no right to raise objection for transfer of property.

First you apply for NOC in writing and wait for a stipulated time, say one week's time and then you may issue a legal notice to the society demanding the same or else you can mention that you will be approaching the registrar of cooperative society or consumer forum for relief and remedy.

The society cannot refuse to furnish NOC 

Ashok Purohit   27 May 2021

The reason what i think is the buyer is muslim but we had already told this to secretory before part agreement & he also provided us the noc with his sign on it but now the chairman is not ready to sign the noc and is saying that society members are not giving permission & they are not saying openly but the reason is that the buyer is muslim

SHIRISH PAWAR, 7738990900 (Advocate)     27 May 2021

Hello,

Even after paying the transfer fees and all society dues if society is not issuing the transfer NOC then you can file a complaint before co. op. registrar against the society. Society cannot refuse to give NOC on the ground that the purchaser is muslim. 

Ashok Purohit   27 May 2021

After knowing the mentality of society the buyer is now saying to cancel the deal and he is saying as we were unable to get the noc we have to pay the losses of stamp duty, registration fee & lawyer fee etc. Any suggestions

P. Venu (Advocate)     27 May 2021

If so, you may initiate action to claim damages from the Society.

G.L.N. Prasad (Retired employee.)     27 May 2021

The seller has not undertaken to provide NOC to the buyer and such a document is not mandatory.  There must have been no stipulation in the agreement of sale or sale deed that the seller must provide NOC from Society to the buyer.  When there is no such stipulation, because of society's failure, buyers can not go back for a refund, etc.  In fact, the buyer realized that being a Muslim, the society members may not welcome his residence within that society, and residing without a good neighbour and companions with a family is difficult.  There are two options for buyers.  As suggested above demanding NOC from society and if it is not given proceed legally through Sub Registrar of society, and then searching for a buyer as early as possible where his presence is not welcomed.

Ashok Purohit   28 May 2021

Thank you everyone for helping me out. 

sneha jaiswal   29 May 2021

Hello, Greetings of the day!
A no-objection certificate is a legal document that is issued by an organization or an individual to agree that they have no objection to the details which are mentioned in the document.
A no-objection certificate from society is not necessary to buy a flat. The role of society is restricted to enlisting the transfer of shares from seller to the buyer. Any endeavour by society to stop the sale of the flat will violate the law and would be punishable as per the Court of law.
Issue a legal notice seeking specific reason from the society for their objection, not providing NOC, and mention that you will have to proceed against society for the deficiency of services to consumer forum demanding costs and compensation for inordinate delay.
And, you can complain to the Registrar of Society to settle the grievance and seek their help or you can file a Right to Information (RTI) Application and get authentic information on record from SPIO, SR of Societies.
Hope it helps
Best Regards,
Sneha Jaiswal
Law Student
 


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