Legal Question in Real Estate Law in India
Sale of flat
I own a flat which I want to sell but society is not allowing to sell. They are refusing to give NOC and OC. My buyer can not get housing loan without NOC & OC. There are no outstanding dues on my name. Society even does not acknowledge the receipt of application for NOC. It seems there is some expectation from them. My question is, Can I sell a flat to a person who can make payment without bank loan? Can society take any objection at the time of entry to stop buyer from shifting to the flat? Buyer is ready to pay stamp duty and do registration even without NOC.
5 Answers from Attorneys
Re: Sale of flat
Apart from any rules and regulations of the society,what the society is doing is not correct subject to a condition of the society prior to your purchase of the flat that you cannot transfer the property without the permission and NOC from the socity.
Re: Sale of flat
You may refer to the bye - laws of the Society for their requirements, if any.
If the society is raising objections without any basis, you may make a representation / complaint to the office of R.C.S
Re: Sale of flat
society can not object to the sale of flat nor can object to the prospective buyer, you should made complaint to the registrar of societies about the act and conduct of the office bearers.
Re: Sale of flat
you may approach the Registrar with your complaint moreoveer you may send a legal notice to the society address to chairman and tell your intention to sell your flat and demand NOC, LET them reply your letter. you may also send a letter on your own by registery with acknowlegement and under certificate of posting ,{you have to pay the transfer chanrges to the society as asapplicable during the sale} i m sure the society will reply and give u a permissio you may take the help and get an order froim the Registrar of Cooperative society and sell the flat. read the byelaws
Re: Sale of flat
Mere document of transfer of flat may not be sufficient in case ownership of land and building vests with a Society. In such cases, transfer of membership is also necessary. However, if a purchaser is willing to take responsibility of getting membership of society, then you can transfer your rights providing for such responsibility of purchaser.
As far as OC is concerned, it is a public document and anybody can get a copy from municipal corporation.