LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Noc

(Querist) 25 March 2014 This query is : Resolved 
Hello,

I have owned twin flats (flat nos. 202 & 203) with single entrance in a Registered Society in Mira Road, Thane Dist. Maharashtra.

I have sold both the flats to single person. He has registered 202 in his younger brother and sister in law’s name. 203 is registered jointly in his name and his wife as well.

The procedure for 203 is completed. I have received the full payment for the same.

The stamp duty is paid and registration for the 202 is done. To avail the loan from the bank, the bank is asking for NOC from the Society.

I have printed the NOC as per bank’s format and given to the Secretary to signature. He in return discussed with Chairman and Treasurer and decided not to give the NOC. While asking the reason for the same, they are asking me to make the transfer charges for both the flats @ 30,700 per flat.

I asked them to give me the same in writing which they are not ready. Finally, they asked for the time to consult with somebody which I agree.

Since there was no response from them, I sent a SMS to both Secretary & Treasurer next day seeking the status of my NOC. The treasurer replied me to pay the Soc Transfer Charges after which I will get the NOC.

I forwarded the same msg to the Secretary asking him whether this is decision of Mg. Committee or the treasurer himself. I also asked as to which Professional they have consulted with. Even after almost 2 hours no reply from the Secretary yet.

Please do let me know whether I am bound pay the Soc Transfer charges for both the flats to get the NOC as asked by trio of Chairman, Secretary & Treasurer and SMS reply by the treasurer.

Till Dec. 2013 I was the Secretary of the Society and never forced anyone to pay the Soc Transfer charges for getting NOC from the Society. This is total new Management w.e.f 1-Jan-2014.

Pl advise.
ajay sethi (Expert) 25 March 2014
no charges are payable for obtaining NOC .
society can only charge transfer charges for transfer of flat . issue legal notice to society . complain to registrar against the office bearers .
Rajendra K Goyal (Expert) 25 March 2014
Society can not charge for providing NOC. Please go through the bye laws for charges for transfer of flats. Even the same should be charged at the time of transfer and not at the time of giving NOC.

you may send legal notice.
V R SHROFF (Expert) 25 March 2014
ociety is demanding Transfer fees. It is max 25k per flat, So max 50k , payable as per the Rule of Society.
So Pay by Cheque. ou can also pay under protest,
Paying is to speed up your bank Loan. later on, you can get it back, if illegal charges.

for NOC there is no charge.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :