I am the owner of a flat in CHS in Maharashtra. Holding registered original agreement made with builder in 1991. There are no legal notice issued to me by any authority or court. Society has issued me 5 fully paid share certificates in my name. I want to sale the flat. Buyer has applied for a loan thru a bank, hence as per bank’s requirement, I requested MC to issue the NOC. The prospective buyer is Muslim by cast. Secretary replied me “You also need to produce an affidavit that you are holding the flat in your personal capacity and not as nominee or trustee (who are not legal heirs). The affidavit should also mention that no legal notice of any nature whatsoever, related to the flat has been ever served on you” Also “furthermore, personal meeting of your prospective buyer with MC members along with his Aadhar Card, Passport Copy, previous residential address proofs in original and copies of the same to be produced to MC and submission of the Indemnity bond by buyer indemnifying the society by the Transferee” Can MC ask me for above? Is it any rule or law to produce affidavit and indemnity bond.
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Sir there is no such rule of affidavit , you just need to apply for permission when you have 5 shares in your name you, you can freely transfer them through a sale deed on NOC of society and they ought to give same.
Further indemnity bond is not required ask the society under what bylaw or rule they are asking same.
The No Objection Certificate (NOC) certifies that the society has no objection to transfer the share certificate in favor of prospective property buyers. Any sale or transfer of property without NOC may lead to problems in future. The NOC is mostly required in deals related to Co-operative Housing Societies (CHS) . Some CHS ask for Affidavit and indemnity bond for NOC.
there is no harm in giving affidavit . It is to protect interest of society in event any claims are made by third parties
no harm in buyer having personal meeting with the society MC with identity documents .
A. There is no specific rule to submit Affidavit by seller and Indemnity bond by buyer while transferring the flat. However, if any bye laws speaking about these procedures in the Apartment Association that may be requirement in the eyes of Association's bye laws to avoid future legal hassels and unnessary complication to the association which means these documents could be interpreted abundant precaustions.
B. Contents of the Affidavit is very clear that you need declare yourself that you are the absolute owner of the flat instead of GPA holder, nominee, trustee. In my opinion, it is just requirement. However, indemnity draft from the buyer is also not mandatory as the Association is third party to your Agreement of Sale. But collection of Buyer's Aadhar card, passport, previous residential proof is common in most of the Apartment Association.
C. Finally, you are advised to provide these documents to the Association to achieve your sale transaction smoothly as theses document process is very easy and not harmful to buyer and seller. Otherwise it is waste of time go to the ARCS or DRCS court to challenge these procedures. However, you may check apartment bye laws in this regard.
Hello,
They can ask for the same and that there is no harm in giving such undertaking.
The MC also has to make sure that there is no faulty title and if there is any issue in the future then you will be liable and not MC.
Regardds
There is no such rule
Completely unheard of
Also for selling flat, society or MC NOC is not even required
At the highest the lender of buyer can ask for a letter by society that all dues are paid and flat carpet area as per society records is so and so
Accepting the buyer as a member of society is procedure to be followed after sale is completed
The buyer has to submit society transfer forms signed by you and then MC will decide on application for membership in its next AGM or SGM
Dear Client,
It`s your house, NOC is for the purpose that no dues left on you from society that also for bank purpose. Otherwise, no such conditions prevail. You are free to sell your property to any of your choice. MC cannot put such condition precedent for issuing NOC.
Complain to registrar.
There is no such bye laws demanding such unjustified items from the member of the society who desires to sell his flat property.
This may be a local conditions that have been incorporated by some extra careful people sitting as MC members within the society
You have two options before you:
1. To accept the conditions and sell the property smoothly and get rid of this permanent
or
2) To agitate this and demand for the copy of the bye laws mentioning such conditions and then take them to the court of law or the society registrar with a complaint about such unlawful conditions and to instruct the asociation of dire coinsequences for imposing such illegal conditions.
