• Society’s refusal to issue NOC

I have sold my property to a Muslim buyer and have given a written letter of intent of sale and also requested them for the NOC. I have also registered my property. Now, the society called a meeting of only the Hindu flat owners’ and called us and refused to give us the NOC (verbally) saying the character of the buyer was quarrelsome. There are already two Muslim flat owners and one Christian flat owner in our society. And two days after the said meeting the Chairman and Secretary of the society put in their resignations in the society’s whatsapp group. Now what should I do to get the NOC from the society? Please help urgently as I will face financial losses if the NOC is not submitted to the buyer’s bank within the next two days.
Asked 3 years ago in Property Law
Religion: Hindu

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18 Answers

1) complain to registrar against society refusal to give NOC 

 

2) also file police complaint against society refusal to give NOC because buyer is Muslim 

Ajay Sethi
Advocate, Mumbai
94910 Answers
7570 Consultations

5.0 on 5.0

Society cannot refuse NOC due to caste of caste of buyer. This is promoting enmity between different groups on grounds of religion, race etc which is a criminal offense.

Warn the society of filing FIR in this regard and recovery of loss due to their refusal of NOC , if NOC not provided. Also complain to registrar, Not possible through court in 2 days.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

  1. You will have to sue your society for not issuing NOC. 
  2. for further legal assistance, you will have to visit me for exhaustive consultation. Then the appropriate petition before the appropriate forum could be moved. 
  3. I'm based in Mumbai /NaviMumbai just as you are. So it shouldn't be much difficult for you to visit me for exhaustive consultation. 
  4.  

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1549 Answers
5 Consultations

4.4 on 5.0

They resigned, good. Take the NOC from any other office bearer.

Acceptance of resignation will decide in AGM. can sign now.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

They continue to remain in office till the AGM 

 

society is bound to give you reasons in writing for refusal to give NOC 

Ajay Sethi
Advocate, Mumbai
94910 Answers
7570 Consultations

5.0 on 5.0

You need to apply to the registrar immediately for noc. You can recover your loss from society if there is a mismanagement. 

Prashant Nayak
Advocate, Mumbai
32059 Answers
183 Consultations

4.1 on 5.0

You issue a notice to the society asking for NOC to sell the flat to the prospective buyer.

If the society is not responding then you can initite legal action to procure the same by submitting a complaint to the registrar of cooperative societies  mentioning the reason that the society is refusing to provide NOC and to intervene in this   as well as to direct the society to furnish NOC immediately.

 

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

If the Chairman or the secretary still hold the care taker position of their post, they are liable to sign the NOC because it is not a special item, since it is a routine matter.

If they refuse then you can resort to legal action as suggested.

 

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

Please approach Dy. Registrar of the Society under whose jurisdiction your Society is situated and submit your written complaint against the Secretary and Chairman of the Society. Your problem will be solved by The Dy. Registrar for NOC. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Get the NOC from registrar cooperative Societies office 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

An NOC is a formality unless they have specific reasons for rejection. File a complaint against the society before the registrar. Ask the society to give in writing as to why they have rejected your noc.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

A acting Chairman from among the office bearers has to be made for the time being as essential services have to be discharged.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

This is ridiculous 

People are admitting and refusing to admit members on basis of religion 

This act is completely illegal

I first of all do not understand why the bank needs a NOC for sale

No law says that the member has to obtain a noc for sale of his house from the society

The only procedure given in the societies act is regarding admission of a new member

That admission cannot in any manner be refused just because the member belongs to a certain religion

The buyer can always approach the registrar of co operative societies and apply for membership and if the society does not respond to the show cause notice of the registrar then the buyer is deemed to be admitted as a society member

There is no NOC as such 

If certain committee members have resigned that will also not change the situation 

It does not matter at all because law does not contemplate any noc for sale 

The buyer's bank's demand for a NOC for sale is per se illegal 

You must ask the buyer's bank to show the legal provision under which it is compulsory to obtain such a NOC!

Yusuf Rampurawala
Advocate, Mumbai
7536 Answers
79 Consultations

5.0 on 5.0

File police complaint against society. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file complaint to Cooperative Registrar for issuance of NOC.

After complaining Cooperative Registrar shall direct to issue NOC. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Make a written request for NOC. After written request society have to explain the reason for refusal of NOC with in 30 days or they should issue NOC.

2. If it's that much urgent then make police complaint that NOC was rejected due to religion of buyer and you were criminally intimidated if you go ahead with sale of property to a Muslim.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to submit your complaint regarding the action of the society management to the registrar of society. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

- As per law, A society has no legal authority, to issue moral, ethical and social diktats to its residents.

- Further , the society cannot refuse to purchase and occupy the flat on the ground of race & religion , and if the society is doing this, then the person harassed, can claim compensation as well.

- Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.

- Hence, the said unjustified actions of society is against the society Act and law of the land , and you can file a complaint before the Registrar , and further the said purchaser can also lodge a complaint against the society for not allowing him to occupy the flat on the ground of religion . and also against the refusal of issuing NOC . 

- You should send a legal notice to the management of the society , even chairman and secretary resigned , and further only an information though whatsapp is not enough . 

Mohammed Shahzad
Advocate, Delhi
13344 Answers
199 Consultations

5.0 on 5.0

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