N.O.C. Declined by the society for sale of flat
Rahul Barhanpurkar
(Querist) 23 December 2016
This query is : Resolved
I jointly bought a flat in Vasai along with my mother in Feb.1999. We had paid the stamp duty but did not register the property, the original (first party documents along with his original agreement are with us. We were issued with a share certificate by the society and also we have been staying in the society since then. Now I want to sell my property and the society declined to give N.O.C. On pretext of not having registration. Also states that we are not the members and harassing us. Please help.
Rajendra K Goyal
(Expert) 23 December 2016
After paying the stamp fee, why the property was not got registered? It seems the time for registration on the previously paid stamp fee has expired?
You have been issued share certificate and must be paying maintenance, the contention of society seem to be wrong that you are not a member.
Whether society has refused NOC in writing?
Discuss in detail with local lawyer and show him all related documents.
vswaminathan
(Expert) 29 December 2016
If so care to, the querist may, for his purposes,- that is, for an independent study on own or if not, by a competent expert counsel. and for useful clues, look-up the not-unrelated Post, reporting a recent ITAT Order @ http://itatonline.org/archives/y-v-ramana-vs-cit-itat-vizag-s-247-54ec54f-us-108-of-the-companies-act-read-with-cbdt-circular-no-704-dated-28-04-1995-a-mere-agreement-for-transfer-of-shares-does-not-cause-effective-transfe/;
and the comments just posted
Hemant Agarwal
(Expert) 29 June 2017
1. IF the Flat Purchase document is NOT "duly registered", THEN the "Flat Purchase document" is null & void, for all futuristic legal purposes.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
