Subject : legal advice for getting noc from society for registration of agreement
Jitendra M. Rathod
(Querist) 14 March 2012
This query is : Resolved
DEAR SIR,MEMBER'S FLAT IS MORTGAGED WITH PVT.FINANCE CO.AT TIME OF GIVING MORTGAGED LOAN CO.HAS TAKEN NOC FROM SOCIETY.AFTER SANCTIONING THE LOAN CO.HAVE NOT GIVEN ANY INTIMATION TO SOCIETY AS PER CO.RULES.MEMBER HAD APPLIED 4 TIMES TO SECRETARY FOR ISSUING NOC TO SALE THE FLAT & FOR NO DUES CERTIFICATE.STILL THERE IS NO REPLY FROM THE SOCIETY. SECRETARY VERBLY DEMANDING,FIRST TO GET CLEARANCE CERTIFICATE FROM THE FINANCE CO.FOR ISSUING NOC.HOW CAN FINANCE CO.GIVE SUCH CERTIFICATE WITHOUT PAYING THE TOTAL LOAN.PURCHASER OF THE FLAT IS READY TO BUY THE FLAT BY TRANSFERRING HIS BANK LOAN TO FINANCE CO.OF THE SELLER TO CLEAR HIS LOAN.SECRETARY IS FRIGHTENED TO GIVE NOC.MEMBER TOLD HIM TO GIVE NOC MENTIONING ABUOT THE MORTGAGED LOAN & SUBJECT TO CLEARENCE.AS PER LAW NOC IS NOT REQURED TO SALE THE FLAT,BUT PURCHASER WANTS IT FOR SATISFACTION. PLS.GIVE PROPER GUIDELINES WHAT TO DO?
Raj Kumar Makkad
(Expert) 14 March 2012
Generally NOC is provided subject to clearance of the mortgage but if you and buyer are ready to let mention all facts of the flat in its true spirit then such certificate shall not be called as No objection Certificate rather that of a status certificate of your flat and Secretary should provide it on demand. You can serve a legal notice if such demand is denied.
Advocate Rajkumarlaxman
(Expert) 14 March 2012
Agreed to our expert. if he mentions the same there is no doubt about the smae.
ajay sethi
(Expert) 14 March 2012
since flat is mortgaged to pvt finace company secretary cannot give NOC . the society must have given in writing to finance company that no thrid party rights will be created without consent of finance company .
in the present case the secretary cna mention that as per society records flat is mortgaged to finance company .further it can be stated society has no objection for transfer of flat subject to payment of dues to finance company and fulfillment of transfer formailites .
