I am selling my house and the buyer is looking to take a bank loan for which he requires the NOC from my society. However the society has refused (verbally) to give a NOC stating that they suspect that the buyer has a criminal report (of which they have no proof). What are my options? Also can they disallow the NOC based on the reason that the buyer is of Muslim religion. While there are existing house owners in my building of Muslim religion.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Society cannot discriminate on grounds of religion
2) it cannot refuse to give NOC merely because buyer is a Muslim
3) merely because society suspects buyer has criminal record it cannot refuse to issue NOC
4) file police complaint against managing committee of society for its refusal to issue NOC
Hi, the objection of society is unjustified and void by law .. Even if the , buyer has a criminal background he caanot be denied to purchase a property .. The refusing of society on grounds of relegion is highly inappropriate .. It is advisable to report the matter to police officials
In the society meeting, the managing committee has refused to give the NOC stating multiple reasons, 1) they feel that the buyer does not have a good character and the aforementioned 2 reasons (suspected criminal record and Muslim religion. However they have refused to give a written letter stating the reason for the refusal of the NOC. I wanted guidance on the procedure I can follow next. As per your recommendation to file a police complaint against the managing committee. What kind of proof would I need to make a stronger case. 1) Is there a rule for all housing societies to reply to a written application with a written refusal (which I can show to the police) what if the society refuses to give a answer in written. 2) Can I make a compliant with the registrar's office or can I transfer the property directly at the registrar's office without the NOC from the society
transferor or transferee of a flat want an NOC from the society for sale of flat , the society will have to issue it within a month of receiving the application
2) if society rejects application reasons for refusal have to be given in writing
3) you can issue legal notice tossed curettage to furnish reasons for refusal
4) you can complain to registrar cooperative societies against society refusal to give NOC
5) society NOC is not mandatory for sale of flats
Hi, legally you do not need a permission from society to transfer or sell your property .. The rule of NOC is only subjected to the reason that there should be no maintanace Bill pending or due against the society in respect of property being sold .. If this is not a issue then proceed with the sale deed , the society cannot challenge the sale deed
This logic being given by the society in not sustainable being illogical and baseless.
Shoot a legal notice to the Society calling upon the same to forthwith release the NOC.
In case they fail to do the needful despite the notice, you have the option of approaching the High Court.
If the managing committee is refusing to give you a NOC on this ground then go and file a complaint against the MC in the police station.
One can not discriminate on the ground of religion and for the reason that he suspects that you have criminal charges on you
Regards
Society NOC is mandatory of the sale of flat and it is incumbent upon the MC to provide you the same.
Give an application for the same and if they reject the application then they will furnish reason for not giving NOC
Move to the Registrar of societies for the arbitrary and malafide action of MC.
Regards
If society refuses to give NOC member can approach dy registrar, coop court and consumer court.
No 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. So you can sell your property without NOC from the society.
Dear Client,
in case of 1st query -
NOC stating that they suspect that the buyer has a criminal report (of which they have no proof). What are my options? - Any act of member which shall cause other members nuisance, annoyance or inconvenience may hold NOC, n if the buyer is hard core criminal or booked for severe offense than it may be objected.
Also can they disallow the NOC based on the reason that the buyer is of Muslim religion - No.
Have you ap-plied for NOC in writing and did the society refuse to furnish NOC in writing?
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 especially for the cited reasons.
They cannot created nuisance this way in the name of communal feelings.
If at all they have any evidence, let them provide that instead of indulging in such illegal activities.
You cannot give a complaint with the police but you can approach the registrar of cooperative societies or even the cooperative court for relief and remedy or can approach consumer forum for deficiency in service and compensation.
Consult a local advocate and proceed on the further advise received.