Secretay not issuing letter of no dues confirmation to sell my flat.
Querist :
Anonymous
(Querist) 23 January 2012
This query is : Resolved
Dear Legal Adviser,
Greetings from us.
Secretary/Chairman not issuing letter of no dues confirmation to flat owner who have mortgaged his flat with private finance co.Member have paid maintenance till date.Finance Co.don't have any objection to sell the flat to the party who also wants to take loan from any bank.Loan will be paid up from bank of the purchaser to the finance co.Chairman/Secretary not issuing letter of no dues confirmation & not giving any reply of member's 4 application to sell the flat.Two deal is cancelled due to not receive letter of confirmation from the society in time.Still it is pending.Give proper advise what member's shoud do against this harassment from Chairman/Secretary.
Querist :
Anonymous
(Querist) 23 January 2012
Very Urgent.
ajay sethi
(Expert) 23 January 2012
if you have paid maintenace dues till date you must have received receipt from society that payment has been received against bill . that should suffice even if society does not give no dues certifcate .
you do not need society NOC to sell the flat .
you can go ahead and sell the flat . submit the application for transfer , deed of sale , undertakings as reuqired by the bye laws .
on recipt of application secretary is bound to place it before managing committee .
Kiran Kumar
(Expert) 23 January 2012
I concur with the advice given by Mr. Sethi...you right to sell the flat can not be abrogated in this manner.
Raj Kumar Makkad
(Expert) 23 January 2012
Though the proper advice has already been given but it you still think the issuance of specific NOC then make a complaint to the registrar who shall direct the society to do the desired action.
M/s. Y-not legal services
(Expert) 24 January 2012
am also agree with experts..
without wait for the noc just act as advised..
-tom-
prabhakar singh
(Expert) 24 January 2012
Mr. Sethi rightly opines you can proceed to sale.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 January 2012
Under societies act the society is the ultimate owner and majority holds the power.If majority is not with you the body can dictate terms for NOC.
Without NOC no clear title since maintenance dues is not the only issue for NOC.
ajay sethi
(Expert) 24 January 2012
Mr JSDN for sale of flat No NOC is required . please go through the model bye laws . it has specifically made it clear that you do not need society noc fro sale of flat .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 January 2012
Yes sir, but logic has unlimited scope.
For arguments sake suppose the managing body does not want new entrant.So they can raise issues of conduct, use or some un authorised construction, improvement without permission etc etc.
Main issue is you can not go against the majority and every thing can not be provided in law.
And once you scare a potential buyer that managing body is against , who will come to buy
V R SHROFF
(Expert) 24 January 2012
As the flat is mortgages, the owner must get NOC from finance co., who must have instruted sosiety , not to issue NOC, or transfer flat without their consent.
If owner in debt of 2L of finance co.
Owner sell the flat to X, collect entire money, and run away.
Finance co will catch hold of Society, that on your assurance of No NOC, we finance him, so now you pay our 2L?? is it not true Mr Sethy?? How finance co. will recover their money?and from whom?
This is the only reason, Soc do not issue NOC, whenever Flat on Hsg Loan .
What will Register do?? Registrara is going to pay bank loan??
Though Mr. JSDN have valid defense, and it certainly affect, when raised, I m ignoring it, in light of only one issue, Bank Loan.
Querist :
Anonymous
(Querist) 24 January 2012
want urgent reply
ajay sethi
(Expert) 24 January 2012
i stand by my opinion that no NOC is a must .
i am a secretary of my cooperative housing society for last 8 years in mumbai .
your query is of no dues certifcate .
if you have latest maintenace bill it must be showing no arrears . in addition you must be having proof by means of receipt issued by society that bill for earlier month ahs been paid .
