Society not issuing noc for transfer of title through gift deed
Jalraj Tandel
(Querist) 22 November 2011
This query is : Resolved
My Grandmother-in-law has prepared a Gift deed and got it registered at Old Customs house, Fort in name of my Brother-in-law. She is the absolute owner of the property since my Grandfather-in-law expired more than 25-30 years back. The transfer of title would be done by MHADA, Bandra since we are residents of MHADA. MHADA needs a NOC from society in which my grandmother-in-law is the member and copy of gift deed which is registered and other related documents. After registering the deed when my Brother-in-law approached for the NOC, the society members handed over a series of FORMS and said that the forms needs to be completed. The forms where completed and given to society alongwith a true copy of the gift deed. Now the society says that my Brother-in-laws Uncle has given a complaint to society that no documentation should be entertained for the gift deed and they must not issue the NOC. The society further is favouring my Brother-in-laws uncle and asking my Grandmother-in-law to handover an X amount to my Brother-in-laws Uncle. Is this act of the society justified that they speak in somebody else's favour? The society is also refusing the NOC which is reqd by the MHADA officials. Please advice.
ajay sethi
(Expert) 22 November 2011
if registered gift deed has been executed by your grandmother in law and society is refusing to give Noc you cna lodge complaint against the society with Deputy Regsitrar
prabhakar singh
(Expert) 22 November 2011
Yes!Mr. Sethi is right.
It is high handedness of the society without any right and power.
prabhakar singh
(Expert) 22 November 2011
@Mr.Sethi !
I have a very high value of you when ever more particularly a matter comes with regard to societies and for MHADA and maharashtra more specially and often you help me removing my doubts.
A thing that has stricken my mind suddenly is that gift has already been executed by registered deed,then title has stood passed in donee,the donor was the member of the society but now shall in law can not be deemed to be member due to her having passed the title in the donee,but society is not substituting donee as member,then how can he file any complaint before deputy registrar of societies unless the dispute is between a member and society his jurisdiction shall not be attracted is my confusion.Kindly highlight the position and the alternative remedies ,if any, available to donee against society and registrar as well in the peculiar circumstances of the case.
obliged in advance.
ajay sethi
(Expert) 22 November 2011
mr prabhakar singh .
you are right that when gift deed is executed title passes on to donee .
as far as society is concerned donor is still a member . he has to make an application tot he society for transfer of his right t, title , interest in flat on basis of gift deed .
the society on fullfillment of transfer formalities gives its NOC .
if society refuses to give NOC as member then remedy of donor is to move registrar as accoring to society records donor is still a member . MHAda wont transfer without society NOc .
Raj Kumar Makkad
(Expert) 22 November 2011
Not only in case of gift but in case of inheritance, society has to first to issue NOC which entitle the legal heirs of deceased to enter their names in relevant record. When application is made with society along-with relevant fee, a relationship is established between applicant and society and if any deficiency of service in society is found by such applicant, complaint can definitely be made with Assistant Registrar.
prabhakar singh
(Expert) 22 November 2011
Thank you Mr. Sethi too much,i feel obliged ever as my doubts are over.
Good night!
Jalraj Tandel
(Querist) 24 November 2011
Thanks a ton to all. Your advice is much appreciated.. Have a pleasant evening!!
