Noc from housing society
sunil
(Querist) 18 May 2013
This query is : Resolved
Hi All,
I need your expert advise. I have bought a plot from a member of the housing society two years back. Now I realized that the seller should have taken NOC for selling the plot. Since I don't have NOC, would there be any risk in future if I want to sell the property or construct house myself. The society is not giving the noc as the property is already sold.I'm worried . What should be the next steps to get NOC? what might be problem if I dont get NOC
Regards
Sunil Rai
ajay sethi
(Expert) 19 May 2013
when you have bought the plot you msut have made an application to society for trnasfer of plot in your name . the society must have trnasferred plot in your name . when you at all decide to sell your plot you cna if you desire apporach society for noc . please note that NOC of society is not necessary
sunil
(Querist) 19 May 2013
Thanks for your response. Society is not aware thst I had bought the plot from the member. I didnt know that I should have taken noc from society while buying. Would it make sense if I ask the seller to take noc .note I.m not the member and society will not give me noc. What should be the next steps.
ajay sethi
(Expert) 19 May 2013
you must have purchased plot by registered sale deed . seller should take i mmediate steps of making application for transfer to society . it is indeed strange that you purchase a plot in cooperative hosuing society and dont take any steps for trnasfer it in your name for period of 2 years
sunil
(Querist) 19 May 2013
I didn't get your point. I had bought the site through registered sale deed. So the property is already in my name. What needs to transferred to me from the society? I'm not the member. I was thinking of taking noc(for the latest day) now even though the property was purchased long back. whats your opinion?
ashutosh mishra
(Expert) 19 May 2013
You should apply now to be made as member of the society.No NOC sense arises when sale hasalready taken place.
Look into the rules of the society about procedure of sale by members of their plots.
sunil
(Querist) 19 May 2013
Thanks Ashutosh & Ajay. There were no conditions in the sale deed that the plot shouldn't be sold to non member. I thought If I take a NOC now, atleast I have a document to say that the society does not have any objection. Otherwise there might be a issue if ever I want to sell the plot in future. Without NOC, can I still construct the house? DO you know what could be the the procedures to fix this issue? Me becoming member might still not solve the issue?
BRIJENDRA K SINGH
(Expert) 20 May 2013
What you think about NOC?
Seller having constitutional right and purchaser also.
Now you can make application for the housing society to provide information that you have purchased such property and for update his information.
Remember submit your application on xerox received.
