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Rumplestein (Developer)     10 May 2010

Society blackmailing to withdraw for NOC to sell flat

Hi Experts,

1. 10 members including me have complaint to registrar abt irregularities performed by MC.

2. I need to sell my flat. I have a home loan on my flat.

3. If a prospective buyer wants to buy my flat through loan, NOC for mortgage will be required from Society.

Also they would not allow transfer of membership.

4. Since society would be Non co-operative to my case for obvious reasons, How can i avoid this step in loan approval to my prospective buyer.

5. Can NOC for mortgage be obtained from Registrar.

Please guide me.



Learning

 6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 May 2010

NOC is to be provided by soceity only and registrar can only direct the society to issue NOC as per rules. If you think any discrimination is being meted out to you then obtain any example of previous similar act of society and put the same brfore society and registrar.

Anil Agrawal (Retired)     22 May 2010

It is a misnomer. All societies out of ignorance insist on obtaining NOC before selling flats. Actually, they have no authority under law to issue NOC. 

Anil Agrawal (Retired)     22 May 2010

You must have seen that most societies put up a signboard stating that NOC should be obtained from selling / purchasing flats. Such societies are run by ignorant people, which abound in our country thanks to democracy. Any dumb fool can get elected and become part of the Managing Committee. Such members have in their life never seen the face of MCS Act, MCS Rules or Model Bye Law not to talk of SC/HC judgements. What can you expect from them. Recently, a society transferred a flat without a nominal form and the Dy.Registrar says that he has no power to rescind such illegality because it has been approved by the General Body.

Many believe that General Body is SUPREME. Then tomorrow it will order the member to divorce his wife or bring another woman. That is supremacy of ignorant fools.

Anil Agrawal (Retired)     22 May 2010

The basic question is:

Should the Registrar make money or not? If the answer is yes, forget the laws. Go to courts and fight till eternity.

Anil Agrawal (Retired)     22 May 2010

The problem with most of us is that we expect that government officers will do their duty. No sir, they won't. That is where we make the folly.

Anil Agrawal (Retired)     22 May 2010

The society dare not give you in writing about granting or withdrawal of NOC. 


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