Legal Question in Wills and Trusts in India

Our apartment block has 140 flats in three buildings adjoining each other. The builder did not cooperate with a set of residents and the formation of our society was done without the consent of the builder/developer.

The society is now issuing shares wherein they have asked all owners to give a NOC for issuance of our shares in the society. They have asked for an NOC notified (Rs.100) on a legal paper stating that i am obliged to provide the shares to the banks if on loan.

Furthermore it states that will always comply with various rules & regulations formed by authorized society and will pay all dues to society on or before due date . ANY NON COMPLIANCE to rules or irregularity in payments will AUTOMATICALLY seize my authority on my flat no___of the cooperative housing society Ltd.and that i will be liable for appropriate action from the society.

My question is can this NOC be signed safely or is it not arbitrary in nature. should i sign it or not.


Asked on 4/19/12, 8:29 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

There is a provision for deemed conveyance in the Co-operative Societies Bye-laws and Rules in instances wherein the Developer / Builder unlawfully withholds the conveyance of the land and the property in the name of the Society.

Unless I am in the know of the exact text and contents of the NOC that the Society is asking you to sign and furnish, I am unable to advice you whether it is legally binding on you to sign it. Is it a standard pre-numbered Form ? If yes, what is the Form No. ? If the NOC is purely for the discharge of all dues and liabilities payable to the Society, this clause is already included in the forms for admission of membership of the Society, and it is not arbitrary to specifically execute another separate NOC on Stamp Paper of Rs. 100/-.

You can also mail me for any further on-line legal advice at [email protected]

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Answered on 4/20/12, 4:49 am


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