1) NOC from society is mandatory in resale flats

2) Bye-law No 38 prescribes a list of documents

required for selling a flat.

3) A society that refuses an NOC must give its

reasons in writing.

4) If Society refuse to give reasons in writing

then complain to registrar.

5) you can also send a legal notice to society

through Advocate.

Hello sir , it is advisable to remove the iron rods to avoid any legal hassles .. We can approach legally and file a civil suit for specific performance in court , which may take a valuable amount of time .. Since you are going to sale the flat , I recommend to settle the issue amicably instead of going legally

This is my response to you:

1. If the buyer is not objecting to the rods then society need not object you;

2. Open terrace is your share of the property and not part of common area of the building;

3. Only if it is common area of the building then only society can refuse you the NOC;

4. Therefore ask them a bye-law or some legal provision stating that they can refuse you;

5. If they don't listen then send a legal notice;

6. If matters get worst then file a formal complaint at the Registrar's office.

Since the open Terrace is not part of the common area, the society should not have any objection to it. As the dues are cleared society cannot deny you NOC even if the Rods are not removed.

Ask society to give in writing under what rules they can refuse to give NOC on this ground.

1) remove the rods as you cannot install girders in open terrace without society permission

2) obtain NOC then sell the flat

1. The NOC of society is not mandatory to sell the society fat.

2. Even in absence of it the sale can be done and there would be no legal infirmity in it.

3. So do not run after the society if it is refusing t give NOC and proceed with the sale , It is alright and very much permissible.

If the open terrace belongs to the common area of the society you'll have to remove the four rods in order to get NOC irrespective of the fact that the dues have been cleared by you.

If it is your own area which is mentioned in the sale deed, there is no need to remove the temporary structure. Instead, You can serve a legal notice to them asking them to show your NOC on priority basis.

Changing of aesthetic look is not allowed as per the sale agreement and the society bylaws also do not provide any permission to change the second after building as the terrace is the common area you need to remove the encroachment before you go for sale and NOC

1. As per society bye laws applicable to Maharashtra, no NOC is required from the society for sale of flat by society member

2. why is the bank of the buyer to which he has applied for loan also insisting for a NOC is beyond my understanding

Hiii

Greeting of the day

It's an duty of Society office to give NOC. Complain about unfair treatment to registered office, in regards to the same.

1. Typically NOC for sale is NOT required (atleast under the Maharashtra Cooperative Societies Act, Rules & Bye-Laws.

2. HOWEVER, the Society becomes bound to issue NOC to the member, on the members demand, without taking into consideration any other criteria, to the exception of its outstanding dues. The Society CANNOT take any objections for any type of encroachment (iron griders or whatever) since all these unauthorised activities have to be taken care of by the local civic body (BMC in Mumbai)

3. Since you are not in a position (due to your sale requirements) it is better to remove the same and continue with your work, WHICH otherwise the Society would harass you for months and your sale would be in difficulty.

Keep Smiling .... Hemant Agarwal

You cannot claim terrace rights hence the structure what you have put there is illegal however you may clarify this from the society and other learned person's in the local

You may have to remove the rods which you have put their in the terrace