Society can deny you NOC if you failed to rectify the leakages
Can society deny Mortgage/Sale/Lease NOC if leakage is not fixed?
Hi, There is a leakage from my flat to the lower flat. The society has complained about the long back. I have applied for the NOC to transfer the loan to another bank. There is no maintenance due. Can the society deny the NOC if leakage is not fixed? Is it a non-compliance as a member is supposed to keep the flat maintained so it does not cause any inconvenience to any other member? Thanks,
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
No, society can't refuse to issue the NOC.
for leakage issue, if leakage is from your flat then it's your responsibility to fix it .
The NOC to be given by the he society is not the sine qua non while transferring a society flat form one person to another.
Without a NOC also a valid title can be passed from the present society flat owner to the buyer.
However lack of proper repair on your roof leading to leakage on the flat below is no ground for refusal to give NOC.
I am getting a mixed response can someone point out the bye-law/Act/clause under which the NOC can be refused? and can someone point out the bye-law/Act/clause under which the NOC cannot be refused? also, is this an interpretation of some bye-law? which bye-law?
Asked 6 years ago
Dear Client,
Society can not deny for NOC of there is no clause regarding this while framing the Society.
No society can't deny its illegal. The society has to give you noc if maintenance paid. You can complaint to dy registrar and they gave to provide you the noc from one month of application
Yes society can deny NOC until you get the leakage fixed.
Yes it is a non compliance because due to leakage the owner of flat below you is suffering inconvenience, nuisance and may be losses.
You have been directed by society to rectify the leakages from your flat on basis of complaints received from member staying in flat below yours
you have refused used to carry out necessary repairs
since you have failed to rectify the leakages society will not issue you NOC for transfer of loan to another bank
i firstly do not understand why you need a NOC of society for transfer of loan from one bank to another
its just a loan transfer which has got nothing to do with mortgaged flat for which the owner would need the society's NOC
If i am not mistaken the flat is an ownership flat
if under the law there is no requirement to obtain society NOC for selling the flat, then there should not be any requirement to obtain society NOC for giving the flat on mortgage or for transfer of loan to another bank, unless there are any dues from the owner which he owes to the society and over which society has a first claim or charge
banks sometimes really complicate matters and insists for things which do not make any sense
Certainly if your flat filth will pass off to other member flat, you may deny NOC until not fix.
The society cannot refuse to issue NOC for this reason, you can drag the society to the consumer forum if they refuse.
However it becomes your duty to fix the leakage besides giving complaint to the society
You can go through the bye laws kept inn your society office records to clarify the same.
The society cannot refuse to give NOC for this reason but it may mount pressure on you to fix it up soon so that the affected member do not take any drastic step against the society.