Clarification about noc
Querist :
Anonymous
(Querist) 14 January 2012
This query is : Resolved
dear sir,
this is a query about a case in our society the member who wants a NOC to sell his flat has mortgaged his flat with the bank, also he is a defaulter with the bank as he has not been staying in our society for past 6 months and there are numerous bank people coming to search for him. Also as he was a previous committee member and a current committee member he has not handed over the bank formalities of the society, hence the new committee is facing problems to carry out the day - to - day work and pay the bills , taxes , etc. Now that person wants a NOC from society. Please give us detailed solution and also give clarification as per bye-laws.
ajay sethi
(Expert) 14 January 2012
1) No NOC can be given by the society . the flat is mortgaged to the bank . without consent of the bank flat cannot be sold .
2)bank must have informed society in writing that flat is mortgaged to it and requested society to note the lien in its records . ask the member to obtain NOC from bank
3) if member is a defaulter refuse to give NOC as he has failed to pay the society dues . the buyer generally wants certificate from society that all maintenace has been paid by seller till date .
4) ask the member to first clear society dues failing which no NOC can be granted .
V R SHROFF
(Expert) 14 January 2012
Whenever a Bank sanction Loan, they impose a Condition, and take undertaking from Co-op Society that Society will not Transfer or create any third party right in the said Flat Premises without the bank’s previous written consent .
Yu otherwise also cannot issue NOC, if members is in arrears of maintenance Dues.
So as and when the Mr. X Apply in writing to the Society, You Reply in writing to him that Society understand, you had taken Bank Loan, and hence please bring Bank NOC so that we can issue you NOC.
Over and above please pay all dues of maintenance till date, to enable us to issue NOC. Pl note that Society is unable to issue you NOC, in absences of these two requirements.
After receiving Letter, you may wait till next date of Meeting of MC, as MC will pass such Resolution in their MC Meeting that Secretary will convey for and on behalf of the Society. Minutes of the Meeting must be Recorded in your MC .
Raj Kumar Makkad
(Expert) 14 January 2012
You have already been guided in detail by both the senior experts so nothing needs to add.
Shonee Kapoor
(Expert) 15 January 2012
Sufficiently guided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 15 January 2012
