• Housing society NOC to sell the flat

Sir
I had purchased a resale flat on our joint name ( Myself and my wife) in a housing cooperative society in 2003. Society has transferred the share certificate on our joint name. Society is @ 40 years old and has two land plots.In one plot there are 36 flats and in another 6 flats. I am having flat in 6 flats lot. All original owners of these 6 flats have sold out there flats and thus we all 6 flat owners are new owners.
Due to some old disputes between original flat owners , they had constructed a wall between two plots and 6 flat owners has created there separate water supply bore , electricity meters etc. 
All 6 new flat owners had submitted necessary transfer fees to society to transfer the name on society share certificates at time of purchase and society had transferred the share certificate on there name. So we all 6 new purchaser has the society share certificate on our name.
Since long society does not invite we 6 to attained the society meetings and unfortunately we also did not bother for it.We all six flat owners are maintaining our all necessary expenses on water, electricity,security in a group on our own.
 Now I have sold my flat to one person and he wants to take loan from bank and bank needs society NOC and No dues certificate. I have requested the society chairman for it in writing but yet they have not taken any action.
I want to know:
1. Is there any stipulated time frame for society to issue NOC ?
2. Can society refuse for it.?
3. If society refuses for NOC and No dues certificate what are the ways for me to get it ?
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

chairman and the secretary needed to issue NOCs for any emergency within seven days with their signatures if a committee meeting was not scheduled any time soon. Sanctioning the NOC could be sanctioned in the next meeting of the committee,

2) members could approach the department if they failed to get an NOC as per the new circular. The department will issue necessary instruction to the society after hearing both sides,

 

3) NOC for sale, mortgage, repair work and internal changes will have to be tabled before an immediate meeting for approval of the managing committee

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You have full rights to get NOC certificate for transfer of ownership and it can be given immediately after checking records within 2 days of time.

If they didn't respond you to give NOC than you may give written complaint to registrar or sub registrar of Cooperative Housing Society of your area. They can pass order within a month or two from your side.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

Under the Model Byelaws no specific form  has been prescribed for NOC to be given by the Society. Under the law even if the Society refuses to give NOC, the flat can be transferred.

Since it is a registered document, you can get the certified copy of the same even now from the concerned registrar's office. If your title to the property is clear then you do not require the NOC to sell the property. You are free to execute the sale deed in favour of the prospective buyer.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

They need to give it in 30 days or else they need to give a reason for  not providing it. 

Yes they can refuse but with valid reason. 

You can complaint to dy registrar against the society

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. The society should issue NOC within 7 days in urgency , and one month from the date of receiving the application.

2. No society can't refuse to issue the NOC.

3. If the by laws provide that the NOC is necessary then you should apply to the society for getting the NOC and try to sort out the solution.

- On refusal , you should approach Sub Registrar of Societies and ask him to issue directions, and you can also approach the conusmer court as well for getting NOC and penalty for delay as well.

- Recently In Mumbai , the consumer court has imposed penalty for refusing to issue NOC to its member for availing housing loan. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The reasonable time to issue no dues certificate may not be more than a week and chairman or secretary can't refuse for that. After passing of reasonable time, you may serve a notice or also complain to registrar of society.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. IF you are a Share Holder /Member of the Society, THEN the Society has to mandatorily issue you NOC within 45 days of application. Society has no right to Refuse any such NOC /No Dues Certificate, which is a prosecutable offence under the Consumer Protection Act.

2. Seller party can provide relevant Municipal property /water tax records, latest Society Bill (showing no balance dues), Electricity bills, Affidavit /Indemnity Bond, etc.... for Bank Loan purposes. We do this procedure for our clients in Mumbai, in such circumstances.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. See if society is not issuing NOC despite all the dues are clear you can complain before the registrar of the societies. The society need to issue NOC in reasonable time or reply for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. There is no prescribed time limit, however there should not be any inordinate delay in issuing the NOC, if there is a delay without any reason, you may issue a legal notice demanding the same or else you may pursue the matter through consumer forum.

2. They should not, if they do, then you can resort to legal action.

3. You read the first answer above

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As soon as if no dues.

Can refuse but arbitrarily.

Complain to registrar of society.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If no dues or arrears are payable to the Society then it is the duty of the society to give signature upon the format given by the bank. You request politely to the society if this does not work then serve a legal notice upon the society.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes they have to reply within 15 days of making the application.

Yes society can refuse to issue NOC due to some genuine reasons of dues towards society but chances are very low as you don't have any transactions with society.

You have to file suit against society for mandatory injunction for issuing the NOC or you can file complaint to assistant registrar coop societies against secretary of society.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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