• Noc from society for sale of a flat

I own a flat which I want to sale now and it is duely registered in 2006.I am the third owner of this flat. first registration was in 1999 and second in 2000.Now I want to sell this property and the person who is willing to purchase is applied for a loan from Hdfc bank for release of loan.Now society is not willing to give NOC as first owner not submitted the property registration copy to society.In 2000 they had given noc to second owner and in 2006 to third owner.It is evident that they never asked this copy at the time of second and third registration and given noc.How I can get this Noc Legally.I dont have the copy of 1st registrationand I have the copy of second registration. Pls advice me how to get NOC legally?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) you dont need society NOC for sale of flat

2) The model bye-laws framed by the state government under the Maharashtra Cooperative Societies Act hold that a person does not require a no objection certificate (NOC) from the society at the time of transfer of a flat.

3) "Bye-law No 38 prescribes a list of documents required for selling a flat, but nowhere is it mentioned that the society's NOC is mandatory,

4) "If at all a transferor or transferee of a flat want an NOC from the society for their personal reasons, the society will have to issue it within a month of receiving the application

5) If a society refuses an NOC, the law requires it to give its reasons in writing."

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

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

2. In other words without NOC from society the sale of a flat belonging to a member of the society is not bad if the other criteria of sale is fulfilled.

3. So if the society give NOC then it is alright. Else you can safely sell the same. There is no impediment in law.

4. if you really want NOC then you have to lodge complaint with the Registrar of the Society which is a time consuming affair.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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You were supposed to possess the chain of link documents pertaining to the property you have purchased.

Since it is a registered document, you can get the certified copy of the same even now from the concerned registrar's office.

You get the copy and apply for NOC with the society, if they refuse to give after that also, you may start the legal process by first issuing a legal notice and then approach court for getting the same

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

If your title to the property is clear then you do not require the NOC to sell the property. You are free to execute the sale deed in favour of the prospective buyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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