Society is not giving bank noc
Jigar Bakrania
(Querist) 20 December 2013
This query is : Resolved
Respected,
I have purchased a Flat in Kandivali (Mumbai) before around 3 months and i have applied for NOC because i am going for loan but i still didn't submit the transfer file but i have paid the transfer fees. and now society is telling that we are not going to give you NOC unlit you are not being the member of society and that is not possible now. and i have already completed all the formalities for loan apart from NOC. and even the seller is also requesting for the same then to they are not replying and keep saying that first submit transfer file but will not going to give you the bank NOC. and they are like there is no such rule that society have to give bank NOC so will not give you.
what do i do i seriously don't know and i am in a big problem because of this.
please give me suggestion ASAP for the same to what to do next.
ajay sethi
(Expert) 20 December 2013
as per bye laws you dont need NOC for purchase of flat . if seller has applied for NOC society must give in writing reasons for refusing to give NOC .
if society refuses complain to Registrar against society
Jigar Bakrania
(Querist) 20 December 2013
thanks for reply Ajay sir..
society gave the NOC for registration purpose and our registration is also done in September 2013, but now we are requesting for Bank NOC for taking loan but they like we are not going to give you NOC for loan.
Jigar Bakrania
(Querist) 20 December 2013
our seller is also requesting for the same but then to they stuck on their decision.
and they are like once you get member of our society then will give you but that is onlu possible when AGM is happen but now AGM is going to be in November 2014. so what to do sir ?
Surrender K Singal
(Expert) 20 December 2013
Since registration has been done, implying that you are now eligible to be member of the Society and hence they should not have any problem in writing that SOCIETY HAS NO OBJECTION (without any liability on Society) for the new member obtaining loan against the flat in that Society;
if society refuses complain to Registrar against society
Jigar Bakrania
(Querist) 20 December 2013
and sir if i am going to complain against society for the same but what about my loan because bank will not give me disbursement without society NOC so what to do for that. any procedure for this also ?
Jigar Bakrania
(Querist) 20 December 2013
Thanks Surrender sir,
but can you please suggest me for my next post please.
Simi Salooja
(Expert) 20 December 2013
They have to give you noc. Pls go and give a complain in writing to the registrar of society as suggested by adv ajay. And send a copy of same to the society also.
Adv Simi
Mumbai.
Raj Kumar Makkad
(Expert) 20 December 2013
Well advised by experts so no more to add.
Jigar Bakrania
(Querist) 20 December 2013
Ok, thankyou so much all for your valuable time and suggestion. will follow the guides.
thanks all of you again thanks.
T. Kalaiselvan, Advocate
(Expert) 21 December 2013
Thus, as advised by experts you may approach the Registrar of Societies of your jurisdiction for necessary relief against the society which is refusing to give you NOC for loan purpose.
Surrender K Singal
(Expert) 22 December 2013
Adv Simi Salooja is from Mumbai itself; could be helpful as per her suggestions too
Simi Salooja
(Expert) 31 December 2013
Thanks Mr Surrender...
Regards
Adv Simi
V R SHROFF
(Expert) 03 January 2014
Finally hope you recd NOC for Bank Loan.
