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bhimsensharma   23 May 2015

Noc by society to avail bank loan

Sir, I purchased a Residential flat recently. To avail housing loan, the Bank insists upon a NOC from the CHS permitting mortgage of flat and to transfer the property to the Bank in the event of borrower committing default.  The Society is refusing to entertain my request for issue of NOC. I need a clarification as to whether the Society is right in its stand, and in that case, what are the options available before me for resolution of the hurdles.



Learning

 4 Replies

prof s c pratihar (medical practitioner &legal studies)     23 May 2015

Just go through the society resolution rejecting your prayer.?also read the terms and conditions of purchase agreement.definitely some clauses should be there  that society followed.)

bhimsensharma   23 May 2015

Sir the Society has not met or passed any resolution.  The Secretary verbally informed that the required NOC will not be issued as per Bank's Format.  The Bank format insists that in the event of borrower's default, the Society will transfer the rights title interest in the flat to the Bank or its authorised nominee.  The Society is taking objection to this clause and refuses to issue the NOC.

Suneet Gupta (www.vashiadvocates.com)     26 May 2015

Dear Sir,

Usually a CHS has its own format for issuing an NOC for Mortgage to a Bank. Usually this NOC is vetted by the Society's legal advisor. This is done to avoid vetting each individual Bank NOC format and to prevent any liability on the Society.

The Society cannot normally refuse to issue an NOC  but insist on issuing the NOC only as per the Society;s format. Usually all Banks accept the NOC provided as per the Society format. Please confirm whether your Society is refusing to issue an NOC altogether or will issue an NOC only as per their format.

Regards, Suneet

PRAGNESH (officer account)     22 July 2016

Thanks you Mr. Suneet Gupta for your respond which i was seeking for


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