• NOC fees for sale of apartment by RWA

I have sold off my apartment to my tenant in Eldeco Park View Apartment in Lucknow and the tenant has also got the apartment registered on his name. All the formalities have been completed and my tenant is now the new owner of my flat. Now the RWA is asking for Rs 20000 from me as NOC. Do I have to pay this, since the flat has already been sold to the buyer and the Registry of the apartment has already been done in the buyer's ie the new owners name??
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Yes the resident welfare can ask for a transfer fee to transfer the share certificate in name of the new owner. The transfer fee has to be paid to the RWA.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir the NOC is mandatory for the new owner to transfer the share certificate and membership in his name ask the new owner to pay charges.

Registration and society certificate are two different things, to claim the benefit in the society to be part of it membership and share certificate is important document and is required.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Ask the RWA as to what this NOC is for?

To me, this NOC looks completely baseless and serves no purpose except unjustly enriching this RWA.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Ignore the RWA demand. This is a grossly illegal demand.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The provisions regarding transfer fee for the purpose of recording transfer of a flat from one person to another must have been a part of such Bye-laws framed by the society for the purpose of its day-to-day operations. I suggest that you should make the payment of transfer fee to avoid any litigation on this account

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

transfer charges has to be paid by you for transfer of flat in favour of purchaser

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

RWA would not transfer flat in name of purchaser in its records if you dont pay the transfer charges

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

If it is a transfer fee which needs to be paid as per bye-laws then you have to compulsorily pay it and after paying that fee only the RWA will give noc to trasfer electricity meter and property tax on new owner's name.

NOC is not needed for registry. Its needed for transfering electricity meter and property tax name change.

If you dont pay then RWA has right to revover the amount from you through court.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

This is my response to you:

1. The RWA cannot ask you for NOC now since the flat is effectively transferred to the new owner;

2. NOC is required prior as a method of permission for seeking sale;

3. The RWA cannot ask this at a belated stage;

4. If the RWA is asking for transfer fees then it is understood;

5. But once you cease to be the owner you are not required to pay any such NOC charges.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

Yes you will be required to pay the said amount to the RWA, failing which the RWA will not make him the member of the society

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Registry office is not concerned about the NOC.

Is there any mention of NOC in the sale deed?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

There is absolutely no need of it now that all the formalities are complete. Please do not under any circumstances pay any amount for the NOC.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1. The Registrar's office is concerned only with the Stamp Duty and Registration Fees and verification of proper persons before him. He has no authority in membership Transfer matters of a Association /Society.

2. IF the approved bye-laws of the Association /Society prescribes any Transfer Fees (20000), ONLY THEN you are liable to pay, (OTHERWISE NOT) without which the Association will not affect further membership transfers to the new member. Check the bye-laws to find out.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The transfer fee for giving NOC to new buyer is mandatory as per bye laws of the association.

You cannot refuse to pay that.

Though you have sold the property by a registered sale deed, the formality of transferring the share certificate to the new buyer has to be done through the association only.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

What if I don't pay it? What is the use of this NOC to me now? , and moreover the Registry office at Lucknow didn't ask for it at the time of Registry either from me the seller or the buyer to whom I sold off my flat.

If you dont pay then you may not get NOC.

This NOC has to be given to the buyer to enable him to become a fresh member of the society without which he cannot become a member

He cannot avail loan nor any other facilities without the consent of the association.

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The buyer will put pressure on you if you dont obtain NOC from society.

The registrar has nothing to do with the NOC of the society, that is different to this.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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