• Non issuance of noc

Hi I am trying to sell My property in Navi Mumbai in a residential complex and has requested society to issue NOC to the prospective buyer in regards to that the dues and the required documents have already been submitted and cleared. During my purchase of the said property, the Share certificate was directly issued in My Name as the first owner didn't apply for a society Membership and Share certificate. The details of the same have been mentioned in the society Letterhead and have been given to me during my Property purchase transaction The same document has been submitted to present committee members However, even after proper submission of papers the society is denying and holding the NOC past 1 and half month The reason which they give is the Share Certificate doesn't have the First owners name, & I personally will need to get a written confirmation from the owner that he during the Membership Tenure didn't apply for a Membership & Also a written communication from earlier committee members asking for a clarification why the Share certificate has been issued to the Second party directly The submitted documents do clarify and justify the transaction I personally feel the society is keeping the NOC on hold for no good reason and has been harassing me by providing Lame excuses, I would like to know if I can proceed against them legally or at least send them a notice to issue the NOC Kindly revert

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Asked 14 days ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu

The share certificate has your name, doesn't it? So the management committee cannot deny you NOC, provided you have cleared all dues. 

You must sue them in cooperative court. I'm prepared to handle this case. You need to come to my office first, for exhaustive consultation. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four). I'm based in Navi Mumbai/Mumbai, just as you are; so it shouldn't be difficult for you to see me after taking appointment

Netra Mohanchandra Pant
Advocate, Navi Mumbai
862 Answers
1 Consultation

4.4 on 5.0

Don`t waste your time. Issue notice to society, since your all dues are clear, so either issue NOC or it will consider deemed NOC, as no charges pending.

Further purpose of NOC is just that no payment of any nature is due to society, rest, society has no say if you sell your property to any one.

Yogendra Singh Rajawat
Advocate, Jaipur
10619 Answers
9 Consultations

4.6 on 5.0

1) you don’t need society NOC for sale of flat 

 

2) if society refuses to issue NOC complain to registrar against society 

Ajay Sethi
Advocate, Mumbai
62786 Answers
3828 Consultations

5.0 on 5.0

1.there is no necessity of No objection certificate for transfer of flat

2.you can Approach Sub Registrar office for NOC against society, with proper brief and details why the Society is not providing the NOC to you.

Mohammed Mujeeb
Advocate, Hyderabad
7888 Answers
3 Consultations

4.5 on 5.0

1. Lodge a complaint with the Registrar on this account so they take action on the issue.

2. Without the NOC also you can sell the property and no defect intitll will be cuased even if NOC is not issued by that time.

3. So of the buyer is agreeable then sell the property without NOC and after the purchase the buyer can apply for membership and after necessary formalities his membership would be granted for sure. In absence of NOC issued by society valid and clear title passes from seller to buyer.

Devajyoti Barman
Advocate, Kolkata
16928 Answers
240 Consultations

5.0 on 5.0

You can approach the dynamic registrar with a complaint for the same.  As per model bye laws they have to give you noc within 30 days of application if not need to give reasons in writing. 

Prashant Nayak
Advocate, Mumbai
9477 Answers
16 Consultations

4.8 on 5.0

Hell, 

Yes you can send them a legal notice for issuance of the NOC. 

they can not retain the same illegally and harass you unnecessarily.

 

Regards  

Anilesh Tewari
Advocate, New Delhi
16050 Answers
235 Consultations

5.0 on 5.0

Yes, first you can send legal notice to society and if they do not reply to you, second notice can be send to registrar of Cooperative Housing Society in your ward / circle area.

Ganesh Kadam
Advocate, Pune
6807 Answers
53 Consultations

4.9 on 5.0

If you have ample evidence in the form of letter from society by the previous team of the association, then you may issue a legal notice to that effect and demand NOC from the association for selling the property to the prospective buyer.

Before that you may get their denial in writing with the reasons they have communicated for not issuing NOC.

This written communication may help[ you file a consumer case against them before a consumer court seeking relief and remedy.

 

T Kalaiselvan
Advocate, Vellore
52880 Answers
635 Consultations

5.0 on 5.0

Issue a notice for issuing NOC immediately. Give a copy to the registrar. If nothing happen file suit against the society and the registrar. 

Kallol Majumdar
Advocate, Kolkata
318 Answers
1 Consultation

5.0 on 5.0

Dear

You should send a legal notice to society committee for issuing the NOC or reply with the reasons of denying NOC in written with in 15 days of recieving the notice.

If not satisfied with reply you can appeal to sub-registrar to order the committee to issue the NOC or you can hire an advocate to file a civil suit against the committee to get order of mandatory injunction to issue the NOC.

Mohit Kapoor
Advocate, Rohtak
1314 Answers

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that what society is doing with you, is completely illegal and arbitrary.
  2. At the time of giving the share certificate they should have asked for the share certificate of the actual owner otherwise would have rejected to issue you the same.
  3. They themselves have made the things complicated and now denying the right of having the certificate to you.
  4. You should approach the civil court of law by filing a suit for direction to them to issue the share certificate to the new purchaser.

Sanjay Baniwal
Advocate, South Delhi
4316 Answers
8 Consultations

5.0 on 5.0

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