Shailendra Shirke (Manager) 07 October 2013

Can a society refuse noc for flat sale

Hi We members from journalist fraternity have housing society in Thane for which govt land was requested and purchased in 2009. We were alloted the land by district colletctr order specifically mentioning the journalist category.

The society was counstructed in 2001 and since then prices has skyrocketed in Thane area. Now one member wishes to sale his flat and wants society NOC. As per our society bylaws and decisions we have fixed a certain amount to b given to society funds from such sale. Also we expect the person from journalist fraternity. In this case it is not so and the member also refuses to give the fixed amount above the transfer fees..]

We feel that this is morally and ethically binding on the member.. But can it be legally binding on him and can society refuse NOC for such sale as the land was given for journalists specifically and the buyer and saler also are non journalists..

Please guide.. Shailendra

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2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 07 October 2013

1. In Law, there is no such thing as "Moral or Ethics", that can be enforced under the Indian Laws.

2. Society is bound to issue NOC and has no options to refuse or delay, since such negligence and deficiency can lead to Consumer Court litigations, wherein the Society is bound to lose.

3. IF the flat-owners have registered a Society under the MCS Act, THEN the following fees can be collected, to the exclusion of any and all other charges or enhanced amounts, irrespective of the bye-laws or general body resolutions.
a) Membership Entrance Fees = 100/- (for each person)
b) Membership Transfer Fees = 500/-
c) Share Transfer Premium = 25000/- (maximum)
Anything beyong the above, can also be criminally prosecutable.

4. Membership to a Society, is classified as "Open Membership", which in turn means that any "lawfully eligible" person, who-soever-it-may-be can become members, without any conditions / bar to caste /creed /community /ghetto /gender or whatever.

Keep Smiling .... Hemant Agarwal
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