Phoenix will rise (Software analyst) 12 February 2010

Selling a Flat in CHS

Hi,

This is regarding sale of my flat.

Please note that there is regular friction between me and my society Management committee ,since last 6 months, reason being my fight with society secretary(i had lodged a complaint in local police station for his goodagiri).

Now i am trying to sell my flat.

For that i need an NOC from my society.

I am damn sure,the society MC and secretary would definately use this situation to settle personal scores.

I have paid my Maintainenc till date.

My Questions:

1. Can i sell my flat without NOC from society,because even if i apply in written ,i may not get it on time to strike a good deal.They would definately dilly dolly?

2. How can i shield my prospective buyer from any future legal hastle regarding this sale?

Please guide and help

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5 Replies

Daksh (Student) 13 February 2010

Dear Phoenix will rise,

What you are contemplating is only a hypothetical preposition. If I am trying to create trouble for you then I should be wary that I might be subjected to your anger as well. If the office bearer (secretary) will try to play some hanky panky with you MAKE SURE THAT EVERYTHIHG MUST BE BY WAY OF WRITTEN CORRESPONDENCE AND ACKNOWLEDGEMENT i.e. convey in writing to the society about your intention of effecting the sale of your flat in society and let them take a stand. On the basis of the response you devise your further course of action.

Best Regards

Daksh

Isaac Gabriel (Advocate) 13 February 2010

The bylaws of the society, condition of allotment have to be adhered to while selling the house. Try to abide by them while selling the house,and if any obstacle is forthcoming consult a lawyer and go ahead

V. VASUDEVAN (LEGAL COUNSEL) 13 February 2010

Do not bother once the sale transaction is finalized, lodge a formal letter well in time. The society has to place the letter before its MC and give a formal approval. May be the MC meeting could be delayed but not so much and no way they can refuse to give a NOC, if all claims are uptodate

vasudevan

Anil Agrawal (Retired) 22 February 2010

No NOC is required nor has the society power to grant it. The question of refusal does not arise.

Read Model Bye Law 38(d)

"No Objection Certificate" of the Society is not required to transfer the shares and interest of the transferor to transferee."

But almost all the CHSs have become law unto themselves. Even registration of sale agreement in a REGD CHS is not compulsory unless required to be produced in a court of law.

The membership of the society is decided as per Section 22 of the MCS Act, 1960, subject to conditions of eligibility being fulfilled. That being so, even the General Body of the society has no power to refuse admission.

It is loosely mentioned that the General Body is Supreme. It is as supreme as our Parliament is which cannot go against the Constitution. No General Body can take a decision that is against the Model Bye Laws, MCS Act, 1960 and MCS Rules, 1961.