• Society not giving NOC

Hello, I want to sell my home and already paid all the maintenance charges on time and also have the receipt for all the paid. I was the chairman before in the society and there were two disputes going on in the society for property transfer so now the society is saying that first clear the disputes of others then only we can talk about NOC.

Also the committee had taken a voting on paper that no paper should be given for sale or transfer until the previous 2 disputes should be cleared. 

Also, my neighbor is complaining that I’ll not allow you to sell the house to other caste people except Gujaratis. So how should I proceed further in this situation? 1 buyer is already interested in purchasing the house but the society committee members are now harassing us, so I need the guidance. Also I’ve submitted all the details to Sub Registrar office but its more then 1 month passed and no response till now.
Asked 2 years ago in Property Law
Religion: Hindu

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8 Answers

File complaint against society before consumer forum and seek orders to direct society to give NOC 

 

2) society cannot refuse to give NaoC merely there are some disputes pending 

 

3) further there cannot be restriction that flat be sold only to Gujaratis 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Hi, Society can't deny NOC to you for sell of your property. You can request the NOC through Writing and if they refuse to give NOC in writing or they have not replied to you then you can  file a suit or Writ in the High Court which ever is appropriate. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

This is illegal. No society has do so. You can complaint to the dy registrar about the same

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

It depends on what sort of disputes are pending. If your personal liability is involved in the dispute, alleged or real, then the Society can restrain you from selling property. If the disputes do not involve you personal liability Society cannot refuse  NOC. You can approach civil Court against Society. You have not stated what sort of disputes are pending. A better solution can be provided it the dispute is made known. You neighbor’s threat is without any force, he cannot prevent you from selling property to anyone.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You can very sell the property lying on your name by a registered sale deed to any prospective buyer, nobody has a right to stop you or prevent you from transferring your property to the prospective buyer by a registered sale deed for any reason.

Your neighbor cannot impose any condition on yo to sell the property to the person of your choice.

If at all he has any grievances in you selling the property to the person of your choice, let him vacate his house and reside in a place where his own community people are residing.

The society also cannot refuse to give NOC to you for some other irrelevant disputes that are pending in the society.

You can issue a legal notice to the society if they refuse to furnish NOC and take proper legal action agaisnt the society in general through consumer forum./

If any individual in the society is creating trouble or problem for you then you can very well lodge a criminal complaint against him in the police for creating nuisance to you.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Since, you have already paid all the maintenance charges , then the society cannot refuse to issue the NOC on any grounds. 

- You can lodge a compliant before the Registrar .

- Further, it is an offence to give the permission to live or sell to a particular religion , caste or state persons. 

- Hence, you can also lodge a complaint to the police and higher official against the management of the society. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Dear client, 

you can send them a legal notice about this by showing you have paid all the charges and are being wronged by not giving NOC. 

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You may through an RTI application enquire about the status of your case lying with the  Sub-Registrar. If there is no response or satisfactory reply, you may proceed to file a petition at the district court praying for an order directing the registrar to register the property.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

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