Fern (consultant) 08 January 2012
After death of my father, Society has transferred flat in my name as I was the only nominee. Other heirs have given declaration to release their rights in my favour. If I want to sell the flat, can Society refuse to give me NOC to sell? Can Society insist for Succession Certificate? Is it necessary to get society's NOC? My father had not made any will. The buyer is not insisting on Succession Cert. Thanks for your advise.
Mihir..... (Wealth Manager) 11 January 2012
there is a difference between you being the member of the society by virtue of being nominated by your father, and being the owner of the said flat.
You are as of now, the trustee member of the flat. At the time of selling the flat, you have to settle the claims of the legal heirs from the sale proceeds of the flat. In case the legal heirs do not wish to claim their share, they can either prepare a gift deed or release deed in your favour. Then at the time of selling the flat, you do not need to share the sale proceeds with the other legal heirs.
The society has transferred the membership in your name, so now you are eligible to sell the flat without getting NOC from the society unless you want to sell the flat for commercial purpose.
Otherwise, bye-laws no 38, the NOC from society is not required to sell the flat unless specified.
No need for a succeession certificate, if other legal heirs has given release deed in your favour.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 11 January 2012
If buyer is ready it is ok, but NOC from society will be needed.
Anil Agrawal (Retired) 25 January 2012
Under what law NOC is required?
Sandeep Naik (Advocate) 10 March 2012
NOC IS NOT ATLL REQUIRED . IT IS THE BUYER'S RESPONSIBILITY TO CHECK IF ANY OUTSTANDING DUES ARE PENDING FROM THE SOCIETY. THE BUYER MAY EVEN TAKE THE RESPONSIBILITY TO PAY UR OUTSTANDING IF ANY. SOMETIMES THE COMMITTEE MEMBERS HARASS THE MEMBER TO GIVE NOC. SO THERE IS AMENDMENT IN THE BYE LAWS.
Sandeep Naik (Advocate) 10 March 2012
NOC IS NOT ATLL REQUIRED . IT IS THE BUYER'S RESPONSIBILITY TO CHECK IF ANY OUTSTANDING DUES ARE PENDING FROM THE SOCIETY. THE BUYER MAY EVEN TAKE THE RESPONSIBILITY TO PAY UR OUTSTANDING IF ANY. SOMETIMES THE COMMITTEE MEMBERS HARASS THE MEMBER TO GIVE NOC. SO THERE IS AMENDMENT IN THE BYE LAWS.
Adv. Sandeep Naik(Advocate - Mumbai High court)
Mob: 9967056980
Email : Sandystorm_1995@rediffmail.com
Anil Agrawal (Retired) 10 March 2012
You have dumb fools managing the society and come up with such third rate and whimsical laws.
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