Society can make you a member only after conveyance and registration of flat in your name
Property related
I have purchased a resale flat in Navi Mumbai, for which conveyence is pending at cidco office. Is it possible that society will make me a member of society? How? There are others in society having same situation willing to sell the flat but society not issuing NOC since they are not members.. what are options for it?
Asked 6 years ago in Property Law
Religion: Hindu
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20 Answers
What if I need to sale flat, and society not giving NOC? what I can do?
Asked 6 years ago
Pending conveyance the society may not make you member.
See in case any person is not a member to society then the society shall not issue the NOC. The person has to sale without NOC of society.
You can sale flat without NOC of society.
But without NOC no bank will issue home loan.. what are options?
Asked 6 years ago
Why don't you get the conveyance and registration done with? Society is in no position to issue NOC to you as you aren't a member.
Society will not make you member as conveyance of seller is pending with Cidco
only on being made member of society can flat owner sell the flat
complain to registrar of your ward if society is not giving NOC
You need society NOC for sanction of bank loan
ask society to give in writing reasons for not giving NOC
then complain to registrar against society decision
One should be member of the society and have share certificate on his name, without that the clear title won't be complete and owner can't sell flat.
See you cannot for private finance or you have to get conveyance settled with Cidco.
Without NOC only cooperative banks can give loans.
The land belongs to CIDCO
Is there any restriction in the lease deed of CIDCO that its permission is required for any flat transfer?
If that is so, then without CIDCO consent or NOC, society will not recognize the buyer as its member
Need to check that document
No society will not make you member till pendency of conveyance by seller.
Society will not issue NOC till you are not member of society.
You have to sell flat without NOC from society.
you can approach before registrar if society not giving you noc. .
You can file complaint to Cooperative Registrar for issuance of NOC
After complaining Cooperative Registrar shall direct to society.
Society needs to issue noc as per law if dues are clear. If still dues are clear and still society is not issuing noc then you can approach dy registrar for the noc
1. Title does not pass unless the sale deed is registered in favour of buyer.
2. Society will make you a member only of there is NOC issued in favour of the seller and all dues are paid.
If society does not issue NOC the a suit for mandatory injunction can be filed against it.
Do you hav a registered sale deed for buying this property.
You say that the CIDCO has not given conveyance then how can you have a marketable title to the property, you may have to wait for the same in order to become a member.
If you are not a member and not registered your name in the society due to the said technical issues, then you may not get NOC, you may have to wait.
You may have to wait for becoming a member of the society after getting conveyance from CIDCO, before that you may not be able to get home loan too.
You should have taken care of all these aspects before buying the property.
You have hurried to buy the property without bothering about all these problems, neither you had taken a legal opinion on all these aspects before buying the property, hence you may have to wait for it till you get them.
You cannot initiate any legal action on this.