Hi, Mr. X has transferred CGHS Gurgaon flat in blood relation to his son Mr. 'Y'. Conveyance deed was done in the name of Mr. Y and Mr. Y got Share certificate from Society on his name. Now i bought same flat from Mr. Y and did the registry (sales deed). But society denied to give me NOC and transfer of the flat saying as per Bye-laws, Mr. Y can only transfer the flat after 2 years. what options i have now? Is my sales deed legal? Do i need to wait for 2 years to become member of the society?
Inform seller that society is refusing to transfer flat in your name as period of 2 years have not lapsed since he became member
2) ask seller to refund your money and cancel the sale deed
3) If seller refuses file complaint against seller before consumer forum and seek orders to direct seller to refund your money with interest
4) also claim litigation costs and compensation for mental torture undergone you
Bylaws of any organization cannot contravene statutory provisions of law. The said by law is in contravention of Section 10 to Transfer of Proper Act which invalidates any condition restraining alienation. The said bylaw is illegal, invalid and against the model bylaws provided by State Government. Challenge the byelaw before Registrar of Societies.
If I want to wait for 2 yrs to get membership, is that's legal/fine
You can wait for 2 years if you so desire
Having paid the sale consideration, there is no wisdom in waiting for two years. Further, there is no guarantee that the society will welcome you with open arms after two years. Their intentions are not good. Pending challenge if the property is transferred to you after two years, well and good, if not you challenge will succeed for sure.
You can file a complaint to dy. Registrar of co-op society or also approach co-operative court. Also file complain to consumer court for deficiency of service
If society refuses to give NOC member can approach dy registrar, coop court and consumer court. No society can't refuse to issue the NOC. Move the court. Society is the owners association to proper maintain of building , they have no right to raise objection for transfer of property.
Have you ap-plied for NOC in writing and did the society refuse to furnish NOC in writing?
First you apply for NOC in writing and wait for a stipulated time, say one week's time and then you may issue a legal notice to the society demanding the same or else you can mention that you will be approaching the registrar of cooperative society or consumer forum for relief and remedy.
The society cannot frame its own bylaws in this regard.
It is up to you either to wait for the period of two years to get the membership or to initiate legal actions against the society for allotting you the membership immediately.
Dear Client,
Cooperative housing societies will have to now issue NOCs within seven days if it has been asked for some emergency. NOC for sale, mortgage, repair work and internal changes will have to be tabled before an immediate meeting for approval of the managing committee.If society refuses to give NOC member can approach a civil court or consumer court. No society can't refuse to issue the NOC. Move the court. Society is the owners association to proper maintain of building , they have no right to raise objection for transfer of property.A No-Objection Certificate (NOC) from Society is not mandatory while buying a flat. A society's role is limited to registering the transfer of shares from the seller to the buyer. Any attempt by a housing society to block the sale of the flat will violate the law and entail severe legal repercussions
Thanks & Regards
