Query
Querist :
Anonymous
(Querist) 16 January 2012
This query is : Resolved
If a person is having more than one mortgage on his flat which would obviously be not known to the societies secretary. Now the person wishes to sell his flat and asks for NOC. What are the detailed procedures for the SECRETARY to safe guard his position.Is paper advertisement about sale of flat also a solution and can the person harass the secretary and demand NOC.
ajay sethi
(Expert) 16 January 2012
NOC from society is not necessary for sale of flat . however in case seller requires NOC ask him to first repay the loan then ask for NOC
Shonee Kapoor
(Expert) 16 January 2012
Nothing to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 16 January 2012
What Ajay says is true.
In this case, mortgage part was without Society knowledge / permission. So Society is immune.
Society must insist on production of Original Link Agreement, Share Certificate, If mortgaged, he will not be able to produce,
OK , can get News Paper out by your member, and charge legal fees.
Advocate has many means and ways to correct such people, who want to harass Society. Even if you do not issue NOC, [ excusesas MC, AGM, etc, ] he have to go to Registrar, and if Registrar calls you, yo oppose it, and despite that Registrar Order you to Issue NOC,(after 5 months,) Registrar is Liable, not Society. Shift the burden to authority.
Sailesh Kumar Shah
(Expert) 16 January 2012
what do you mean by "more than one mortgage"??
means one mortgage is within the knowledge of Society?
What is your locus standi?
