Refusing to give noc
Janhavi Mantri
(Querist) 07 January 2016
This query is : Resolved
Dear Sir,
I have a flat at Nerul which I intend to sale to my existing tenant. He is living there from last 3 years. Not he needs a NOC from the society however the society is refusing to give and forcing us not to sale the flat to him. The reason they mentioned that his wife had a fight with the neighbors but when that incident took place no one informed me. Now that we are selling this flat every committee member has started calling us and complaining. Further they say that they have another interested buyer who can give you 2 lakhs more etc.
Now what do I do? This tenant has applied for a home loan from the bank . The bank won't disburse the money without the NOC , right?
Is there any remedy?
Regards,
Janhavi
Kumar Doab
(Expert) 07 January 2016
Have you entered into agreement to sell.
Apparently yes!
As without it bank may not entertain loan application.
If you have entered into an agreement then the tenant can sue you, if you sell to another buyer.
Janhavi Mantri
(Querist) 07 January 2016
Sir,
We have a MOU signed. The sale agreement is not yes registered. The point is I don't want to sell my flat to anyone else.I want to sell it to my old tenant only. Can I still go ahead without the NOC?
Regards,
Janhavi
Kumar Doab
(Expert) 07 January 2016
MOU is a signed document.
Pursue and persuade the society members to issue NOC.
Or get the MOU cancelled properly.
If you are unable to handle on your own engage an able lawyer.
Rajendra K Goyal
(Expert) 08 January 2016
Apply to the society in writing. If they do not reply in time send legal notice and move to court for direction to society. May lodge complaint to the registrar of societies.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 10 January 2016
1) Admittedly society cannot stop u selling flat to the person u wish unless he is having criminal records
2) Yes bank will not disburse loan without NOC But u can approach DDR
3) If u fail to obtain write to me on jeevansci@yahoo.com or contact on 9869400938
Society cannot dictate terms n hence my contact.
