• NOC from society

I am owner of tenament which I want to sale now.I am the first owner of this tenament.Now I want to sell this property and the person who is willing to purchase is applied for a loan from Hdfc bank for release of loan bank is asking for NOC. Now society is not willing to give NOC as buyer is not a member of society. Pls advice me how to get NOC legally?
Asked 1 year ago in Property Law
Religion: Hindu

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15 Answers

complain to registrar against society refusal to give NOC 

 

2) society cannot refuse to give NOC merely because buyer is not member of society 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

Hi,

NOC from the society will be issued in your name only. NOC means "no objection certificate" and it is issued by the society after clearing all the dues fixed by the society to the present owner. This document is compulsorily required to be obtained by you from your society and given to the purchaser along with other documents in the sale process. Approach the society secretory, clear all the pending bills and obtain this NOC from the society.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

only when loan is given would purchaser be able to apply to society to be admitted as member of society 

 

once transfer charges are paid by you for sale of flat society should give  NOC 

Ajay Sethi
Advocate, Mumbai
82705 Answers
5254 Consultations

5.0 on 5.0

1. You have to first execute a "Agreement to Sale" (not a Sale Deed) with the buyer party.  AFTER this give a copy of this agreement, proposed transfer forms and banks mortgage format to Society.

2. AFTER above buyer party may apply for society's NOC in Bank's format, with your consent letter to society.

3. AFTER Loan has been passed, a final Sale Deed will have to be executed, given to the Society for final membership transfer in buyers name.

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

The society will not furnish NOC to the new buyer but it can give NOC to you to sell this proeprty to a prospective buyer, hence you may submit an application to the society requesting for NOC to sell the proeprty.

Hope the bank will accept the NOC given on your name for selling the property.

 

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

You were suggested ton take NOC on your name.

If the bank is not flexible with the conditions for loan then the borrower can approach another bank for loan, if the buyer is not willing to approach another bank then you may look for another buyer.

The society is right that it cannot give NOC to a third person

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

It's not necessary to be buyer to be member it's illegal. You can approach consumer court or dy registrar for seeking direction to the said society

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

Complain to registrar. But society will only give NOC regarding no dues. No objection towards loan - no way. Rest society cannot hold NOC.

Buyer should be known to society, who ever saying this is lunatic. You can sell your property to any of your choice. 

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Hi,

The society is absolutely correct in raising objection. The buyer should ask the concerned bank to change the terms and use "Seller (for you) and Purchaser (for him)". Terms of the loan must be clear about the sale-purchase transaction and the loan agreement has to be drafted carefully.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

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
19003 Answers
20 Consultations

4.5 on 5.0

1. Buyer cannot apply for NOC from society it's your duty to provide him NOC from society. 

2. It's duty of seller to get NOC from society and provide it to buyer. 

 

Mohit Kapoor
Advocate, Rohtak
10689 Answers
7 Consultations

5.0 on 5.0

1. Why has the property in question not been transferred to you?

2. Society is right in denying you NOC.  

3. Get the property transferred to your name and then seek NOC. 

Ashish Davessar
Advocate, Jaipur
30646 Answers
896 Consultations

5.0 on 5.0

Hi

Society has to give NOC to the buyer.  In case, if the society refused to give NOC, the subsequent buyer can apply for membership upon paying advance. 

The new buyer has to pay charges as per the society's norms and take membership, thereafter, it has to give NOC.

Inspite of the same, if the society refused, lodge complaint with registrar of societies.

For all practical purposes, they cannot stop you from selling and not entitled to delay issuance of NOC to new buyer. 

 

S Srinivasa Prasad
Advocate, Hyderabad
2868 Answers
9 Consultations

5.0 on 5.0

See society shall give a NOC in your favor mentioning that no.dues are pending and you can freely sale the tenament.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
135 Consultations

5.0 on 5.0

No.society will not sign NOC In this format they shall give NOC to you for sale and transfer of the property.


No.society will not sign NOC In this format they shall give NOC to you for sale and transfer of the property.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
135 Consultations

5.0 on 5.0

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