Noc fromsociety in mumbai

Sir,

With ref. to your first query viz.:

""We hereby assure you that the said flat, as well as the said building and the land appurtenant thereto are not subject to any encumbrance, charge or liability of any kind whatsoever and that the entire property is free and marketable "

The Society is correct in removing this clause as it is not  aware whether the flat is subject to any charge or liability, hence can not give certificate in the matter.

With ref. to second query viz.:

"We further confirm that we have a clear, legal and marketable title to the said property and every part thereof, and that all taxes and dues in respect thereof have been paid upto date."

It is the Society's pregogative whether or not to give this clearance when it is not demanding any loan from the Bankers. The Society may or may not have created any charge on its property and it may not like to disclose it to any third unrelated party.

Good Luck,

Kishor Mehta

The removal of the said clauses for giving NOC by the society is their right. The society cannot stand guarantee for such liabilities.  The NOC will be as per the registration with the society and not beyond that. The bank panel advocate is responsible for the legal opinion on such issues and not society.

I have similar opinion as advised by the experts, the society cannot issue such a certificate except the fact that there is no (society) dues against the flat.

What is the basis or document for issuance of NOC by the Society to intending purchaser? The bank is wrong, incorrect and asking undue certificate from borrower,  challenge it.

Mr. tnp,

I am also facing excatly the same problem as faced by you. Further, what happened i your case??

I understand that society has its limitations,but, even banks are not ready to accept any ommision in their format. We are getting screwed in between this. All original docs are with me (Seller) i have foreclosed my loan .

In view of the same, can i challenge society??, as this is the common NOC format from almost every bank.

Can anyone help?? we are depserately in need for a solution.

 

Rgds,

Sanket

Hello to all Dignitories in this Forum.

 your views/ feedback on my above query would prove highly helpful for us.

Sir/s, One can understand your predicament, however a Society can not be forced in any manner to give an undertaking beyond its legal reach. How can the society be sure whether the flat is under any charge or liability? It is not sensible for the Bank to demand this guarantee from the society. Further the Bank has no right to demand the clear, legal and marketable title to the entire property/building, which has not been proposed to be pledged to the Bank anyway, that is an internal matter of the society and it can not be forced to divulge this to any third part. Good Luck, Kishor Mehta