Rules for getting noc from cooperative housing society
Siraj
(Querist) 09 May 2013
This query is : Resolved
Dear Sir/Ma'm,
I am a layman want to buy a tenement in a CHS in Gujarat. I got to know that because of my cast/religion I wont get NOC from the society. Already there are many houses in the same society who are of my cast/religion. They are saying they have registered houses on their name.
So wht should I do? Can it be registered without NOC? Will I get home loan without NOC?
Some are saying that we can not get approval from Municipal Corp. on house-plan if we want to do new construction at the same place. is it so?
What is the solution? Wht options I hav? Please help with the guidance...
Devajyoti Barman
(Expert) 09 May 2013
Without NOC you can get your property registered if the seller is so willing.
Law makes no distinction on transfer of development of property on basis of caste , creed or religion.
Siraj
(Querist) 09 May 2013
Thank you Expert: Devajyoti Barman,
But what I am afraid of is: will I get Bank loan and approval on house plan without NOC?
Devajyoti Barman
(Expert) 09 May 2013
Yes. Why do not talk to the particular Bank first before buying the property.
Siraj
(Querist) 09 May 2013
Ok...
Let me do it first and then will get back to you.
Thank you.
ajay sethi
(Expert) 09 May 2013
bank wont sanction any loan without NOC from society . it would be futile to purchase said property if bank is insisting on NOC .
if you are bale to buy flat from your money then you dont need NOC from society
Siraj
(Querist) 09 May 2013
Yes Sir,
I heard the same from few of my friends. But I don't have other options. I want to buy that as its very suitable.
Can you suggest a way out. I can't buy it without bank loan. is there any provision like if I win case and get NOC?
Pls help with the suggestion.
Thank you.
ajay sethi
(Expert) 09 May 2013
ask transferor to make application for issue of NOC . . the MC is bound to consider such application on merit within one month . if society refuses to give NOC then seller who is member of society can approach deputy registrar to direct society to give noc
Siraj
(Querist) 09 May 2013
OK Sir,
Let me first visit a bank for home loan and then I will consult with seller and ask him if he is ready to do it.
Because owner has already informed me that he wont be able to help in getting NOC.
ajay sethi
(Expert) 09 May 2013
if seller does not want to take any pains in obtaining NOC why do you want to spend your hard earned money in buying such flat . there is no shortage of flats . builders are finding it difficult to find buyers . buy flat wherein you can get loan easily .
Siraj
(Querist) 09 May 2013
I can understand sir, but the city I belong to does not allow us to buy property in good areas and societies. I can find flats where I can get bank loan very easily but those are under develop areas and societies. So this is the only good place in the city where I can find my community in surrounding.
Will give it a last chance, if not possible I wont buy it.
Thank you so much to all the experts.
Raj Kumar Makkad
(Expert) 09 May 2013
No more to add after reading the replies of the Ld. experts.
ajay sethi
(Expert) 09 May 2013
thanks for your appreciation
