• NOC charges on registration of flat purchased 13 years back

Hi, I had purchased a flat in a Cooperative Society in Greater Noida, Uttar Pradesh, more than 13 years back. 

The Society got a completion certificate about 4 years back after which registrations of the flat became possible. Due to some reasons I was not able to get registration done earlier and am getting it done now. The Society is now asking me to pay 1% of the circle rate of the flat as NOC charges, even though I am not selling the flat or transferring it to a third party (the registration is being done in my own name only). 

Is this 1% charge payable? Thanks in advance for your help.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

you purchased flat from builder?

is there any resolution passed by AGM of society regarding admission charges?

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Every association is governed by a set of Bye Laws. If you are a member of that society, you have every right to grab a copy of the same and check if there is a clause to that effect.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. What do the byelaws of the society say in this regard?

2. 1% of the circle rate as NOC charges is usurious and arbitrary. This can be challenged in the court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Client,

Society can charge a maximum of Rs. 25000 for NOC in case resale of flat. And in your case it`s not applicable. Demand illegal, complain to registrar or avoid.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

in case of flat allotted to you on transfer of flat by sale or gift etc transfer fees of 1 per cent is leviable .

it is not applicable to you

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1% is not payable

even assuming that it is payable, that 1% should be on the sale value of flat as on the date of allotment 13 years back and not on the present market or circle value

however, even otherwise the society cannot charge you the transfer fee on allotment because the allotment was done in 2005 and the act which they are citing is of 2007 (unless of course if the act has a restrospective application i.e. applicable even for allotments done prior to coming into force of the act in 2007)

additionally the society ought to have levied the transfer fee at the time of allotment and it cannot now claim fresh transfer fee just because the registration is happening now. The society is barred by law of limitation which gives a maximum period of 3 years to assert its rights under law. That period ended in 2008 i.e. 3 years after the allotment was done to you in 2005. So society cannot ask transfer fee from member today, as it is barred by limitation law

the society's demand is illegal

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1. The Society's demand is illegal and unauthorised and is akin to Cheating and Extortion.

2. File grievance petition before the local Consumer Court, against the Society and claim damages and compensation. This will bring the society on to their knees.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Since the proeprty is being registered to yor name and you are the purchaser, you need not pay any charges for obtaining NOC.

If the society is demanding the same ask them to give it in writing, you may drag them to court for this illegal extortion.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

The society is referring to the latest act implemented in the year 2007, whereas you have purchased the flat 13 years before hence there were no such law governing this issue, however you may fight it out on that basis and also may take up that the rates applicable at that time may be paid, if they dont agree, then you may drag them to consumer forum ,let the court decide on this.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

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