Hello, Need your advise. We are a socy.of 24 members formed in 1980`s in Kolhapur. During this time, many members have sold their flat. They have shared the Kharedi Khat and other details of new member to socy and also paid transfer fees to socy as agreed by. Based on that socy has issued NOC and changed the name in the Share certificate Now the issue is, One of the socy member is selling the flat and not ready to share Kharedi Khat, Transfer fees to socy and asking NOC from socy. Please confirm the exact procedure for this type of transaction. Please advise on the same ASAP. With Best Regards Yogesh Sawant
As per the rules of the society, one should compliance with it unless it is arbitrary to someone.
But, it does not seem to be arbitrary to anyone as people are obeying it since 1980's.
No need to worry,you people stick to your part, and let him go to the society authority.
1) society should give NOC only if society maintenance bills paid till date
2) ask seller to deposit transfer charges
3) then issue NOC
4) on receipt of sale deed , transfer forms by seller transfer flat in favour of purchaser
Dear Client,
What are the rules of society in case sale by member to other person.
Until Kharedi Khatdidnt share, NOC can be withheld.
Can approach the court for release of NOC but if the rules itself say to share Kharedi Khat and transfer fees, than no other remedy.
Q. Now the issue is, One of the socy member is selling the flat and not ready to share Kharedi Khat, Transfer fees to socy and asking NOC from socy.
In such a situation, you may refuse to give him the NOC. Also, do not issue fresh share certificates as well.
Even the law provided that without payment of requisite transfer fee, share certificates are not be transferred.
In this situation it is advised that you refuse to give NOC to the concerned person and also not issue fresh share certificate.
It is advised that you will not be violating any law while doing the same and without payment of the requisite fee and NOC you may refuse to transfer the share certificate.
Regards
Until the transfer fee be paid NOC need not be given
The society can refuse to issue NOC if the member is not ready to pay the fee for transfer quoting the bylaw or the resolution in this regard.
Let him go to court for this, the same can be challenged
