Max Shirodkar (Service) 21 December 2012

Society noc being delayed

Dear Friends,

I have recently made a sale agreement for my flat in Mumbai. The Secretary of the society also was in touch with me for sale of this flat, but was offering a lower rate. I then decided to sell to another buyer and approached an agent who did the necessary documentation. However the Secretary is not giving us proper NOC or accepting any documents from us. I have cleared all my dues to the society to the satisfaction of the buyer.

Can this be a problem for me while transferring the title to the buyer? What can go wrong now? Can I approach the registrar of sociteies with this matter? Please advise.

Regards

BMD

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2 Replies

Advocate Rohit (Advocate) 21 December 2012

you need to send a letter to the society asking for the NOC within specific time. Kindly take acknowledgement copy of the same for your record.

Incase they don't respond within specific time then you may approach a lawyer for sending legal notice.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

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Max Shirodkar (Service) 14 January 2013

Hi again,

Further to this, I have submitted a copy of sale agreement along with transfer fee cheques to the society and requested the NOC for the buyer's bank loan.

The Society has accepted my documents but are delaying on some pretext or other i.e. (1) the cheques are to be deposited in a particular co-op bank, (2) only after the cheques are cleared they will issue the NOC, (3) but the NOC will only be handed over to the owner i.e. me, as this is the society procedure.

I have given a letter stating that I am outside Mumbai and cannot visit repeatedly for each and every document. I requested them to either hand over to the buyer or mail to my Mumbai (permanent) address. As of now they have still not deposited the cheques.

Can I approach the registrar in this case? If so, under what category should I make a complaint? How long will this take in that case?

Thanks & Regards

BMD