Legal Question in Real Estate Law in India

Hi, Can a Housing Society deny issuance of a NOC as requested by the flat owner (to hand over/ submit to the Bank for the housing loan taken), on the pretext of some internal rules and regulations? Does the Society's Mananging Committee have the right to deny issuance when there are no dues or penalties payable by the flat owner? If not, then how should this denial be responded to? Should one be writing to the SRO's office?- SM


Asked on 9/22/13, 4:21 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

22.09.2013

Dear SM,

NO, the Housing Society cannot deny issuance of a No Objection Certificate (NOC) to the flat owner for sale on the pretext of some internal rules and regulations, especially when there are no dues or outstanding of the member in the Society's record. Even if there are any pending dues or outstanding, the Society is still required to issue a conditional NOC by stating therein "Subject to clearance of Society dues amounting to Rs. ___________ from the member as on ________ (date)". If the Society still refuses to issue the NOC, you should obtain a written explanation from the Society citing the reasons for non-issue of the NOC thereto, and lodge a complain to the Deputy Registrar (SRO's Office) submitting a copy of the refusal letter with your complaint, thereafter for redressal.

Regards,

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Answered on 9/22/13, 6:25 am


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