Can society refuse to give noc??
vinayak
(Querist) 11 March 2013
This query is : Resolved
Our flat which belongs to MHADA was on the name of my Grandmother. the society is is registered co-operative society of which my grandma was the member.
my father has passed 10 years ago. I m staying there with my mother, grandma and sister.
After Grandma's death in Jan 2013, we decided to transfer the flat on my name. We asked the procedure to Mhada and they gave us a few forms and requirements which includes Society NOC also.
unfortunately the allotment letter and distribution letter from Mhada are missing as Grandma was only knowing about that. Society refused to giv NOC unless we submit the copy of missing papers. We launched a complaint in police station, gave an affidavit of the same and got a certificate of paper being missing. however we have true copies of those missing documents.
Now my grandma had total 4 children including my father, uncle and 2 aunts.
I want to ask is that whether society needs NOC of all the children of grandma or just the people whose names are there as nominees.(me and my uncle) or people staying in the flat as per ration card names (me, mom and sis)?
Now the society says what if your aunts raise an objection?? however they have not given any written documents to society neither have spoken to the society.
Is this act of the society justified? if not then where can I complaint against them?
Please advice.
Raj Kumar Makkad
(Expert) 11 March 2013
After demise of your grandma, not only your deceased father had a share (which actually is being inherited by you, your sister and mother in equal share) but also by your aunts and uncle in equal share. This means your father was owner only to the extent of 1/4 share left by your grandma and rest belongs to your aunts and uncle in equal share so the society is right in its approach to obtain NOC from both of your aunts and uncle before transfer its ownership in your name.
