Noc from group housing society to sell - indirapuram(up)
DK
(Querist) 28 January 2013
This query is : Resolved
Hi,
I want to sell my Apt unit.The Apt is built on a freehold property and I have the apt registered in my name.
The secretary of the housing society is demanding 3 lakh Rs for giving NOC to sell my Apt.
1)Is it legal to charge 3 lakh Rs while selling an Apt?
2) Do I need NOC to sell my Apt.
Thanks,
DK
ajay sethi
(Expert) 28 January 2013
ridiculous . 3 lakhs for NOC too much . refuse to pay . you dont need NOC for selling your apartment .
R.K Nanda
(Expert) 28 January 2013
1.no.
2.no.
Raj Kumar Makkad
(Expert) 28 January 2013
You are not required to obtain NOC from society to sale your property so refuse to pay even a single penny.
DK
(Querist) 29 January 2013
All experts say NOC is not required but I know many banks ask for NOC before disbursing a loan to the buyer.
Although my society is Registered Freehold and I am a registerd owner of the Flat.
1) What can be done if Bank asks for a NOC
2) Does share certificate and membership of society hold value after Apt registered in my name?
Kindly help.
Raj Kumar Makkad
(Expert) 29 January 2013
1). It is the discretion of the banker so change the bank for loan purpose if one is not agree with you.
2). yes.
V R SHROFF
(Expert) 29 January 2013
don't mix two things.
NOC is not reqd for selling yr flat is one fact.
Bank need assurance that flat is not sold to many persons , and soc will not trf it w/o bank noc , to safeguard their fnd is second fact.
Id u want to avail bank loan, u must get soc noc. it is bank's requirement wh u hv to fulfil.
if self financed,
u don't need soc noc. simple.
If u avail bank loan , pur it, sell to third party or many persons, collect money and run away < What bank will do?? So they want Society commitment, No trf , and no share cert unless bank loan is fully paid up..
DK
(Querist) 30 January 2013
I have not found satisfactory answers to my questions yet.
I will try to re-frame my question for more clarity.
Facts
1) I have an Apt registered on my name.The Society is built on a freehold property.The individual registry of Apt is also freehold.
2) I have the share certificate as well as society membership.
Now I want to sell of my Apt to lets say person Y.
Questions.
1) Do I need to worry about NOC to sell my flat? I think answer to that is "NO".
2) Will the buyer Y need a NOC from society? I think based on answers above , if Y needs to get a bank loan , NOC from society will be required.
Now million dollar question.
1) Do I as a seller need to pay the Society anything for selling my Flat?
2) Can I just ask the buyer to pay me X amount and then deal with society to get the NOC or whatever is required.
3) What legal option is there for the buyer IF society ask him to pay 3 lakhs to issue a NOC?
Thanks very much!
Raj Kumar Makkad
(Expert) 30 January 2013
1. No.
2. Yes.
3. Such amount is highly excessive and illegal and you may make a complaint to the registrar for this purpose.
V R SHROFF
(Expert) 30 January 2013
Now YOUR million dollar question IS REPLIED AS UNDER:
1) Do I as a seller need to pay the Society anything for selling my Flat?
ANS:: Transfer fees are payable by you, as Premium, is a part of your Profit on selling. However, if seller and buyer enter into Agreement to Pat Trf fee by buyer, it is allowed. :::
2) Can I just ask the buyer to pay me X amount and then deal with society to get the NOC or whatever is required.
ANS::: YES::::
3) What legal option is there for the buyer IF society ask him to pay 3 lakhs to issue a NOC?
ANS::: YES:::: there ARE MANY LEGAL OPTIONS AVAILABLE TO BUYER.
WHAT OPTIONS??? ANS:: After the refusal of Society , and demand in writting, Buyer must issue notice to Society for Justification or grounds to demand 3L:
On receving the said Reply from Society, To check the Legality of ground of demand and if found unjustified or ultravires, , Out of rules and Soc Acts, take action either in co-op court jointly with seller+ buyer, as till that time buyer is non member:: and ot to Registrar of Society, and/or Civil court.
ajay sethi
(Expert) 30 January 2013
agree with shroff . although NOc is not required bank wont sanction loan unless you obtain NOC . if you dont pay trnasfer charges society wont transfer flat in name of buyer . but transfer charges have to be reasaonable not exhorbitant . Rs 3 lakhs is ridiculous . in the agreement have a clause that transfer charges shal;l be paid by the buyer .
DK
(Querist) 15 April 2013
Any lawyer available to fight this case in Ghaziabad? We may not need to take it in court yet.I want a proficient lawyer who can send out legal notices to the RWA.I know for sure the amount they are demanding is not legal based on inputs from everyone.Please reply.
