Issuance of mortgage noc
Roy Philip
(Querist) 17 February 2021
This query is : Resolved
Dear Sir,
I am representing a co-operative housing society in Mumbai. I have few concerns as mentioned below.
Secenario:-
One member hasn't paid monthly maintenance from last so many years and his out standing reached up to few lacs. Few weeks back he approached society and verbally and through Whatsapp requested for NoC as he want to sell his property. Immediately after his request, managing committee called a meeting and resolved that, no NoC shall be given as the huge maintenance is outstanding and the decision communicated to the member through Whatsapp.
After few days we received a letter from the deputy registrars office requesting managing committee to co-operate with the member and issue NOC as per the bye law. Society reverted to registrars office with facts and figures and also shared documentary evidence of demand notices sent to the member for payment and no revert received from the registrar office yet even though a month is passed. Now my concerns are mentioned below.
1. Is there any legal implication to the office bearers if society denied to issue NoC to member due to non payment of maintenance?
2. Can the defaulting member sell his flat without informing society in writing or providing documents?
3. Can the member allow the purchaser to stay in his flat even before the document submission to society and obtaining NoC from society?
4. What action can initiate by society to restrict the unauthorized stay in building as society don't have any documents of new occupiers.
5. Can society discontinue the services like water and HK to the said flat?
kavksatyanarayana 
(Expert) 17 February 2021
What are the Rules and Regulations mentioned in the Society Bylaws? Verify the bylaws and then take action as per conditions mentioned in the bylaw.
