Legal Question in Administrative Law in India

1) is it mandatory for a co-op hsg society to issue a NOC if requested by a member of the society for procuring a mortgage loan from a financial institute in the format as asked by the financial institution?
2) can a co-op hsg society refuse a NOC required by a member for procuring a mortgage loan? stating reasons like "it's not their policy"
3) if the hsg society refuses to the above NOC what action can the member take against them?
4) if a member is not provided with a copy of indeminity bond entered by all committee members on form 20 following their election?

Asked on 10/08/11, 10:15 am

Jayesh Desai Jayesh Desai

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1 - 2 & 3 - Society ought to give NOC.

4. Member can apply to Registrar of Society who can force Society to Issue NOC.

There cannot be any restrictions on transfer of flat/membership, based on this principal, the NOC ought to be given.

Answered on 10/21/11, 12:58 am

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