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Property »Posted 21 Dec 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

NOC from Society


NOC from Society   I have bought a resale flat availing of home loan for which i have to a submit a NOC from the society to the bank in a prescribed format given by the bank. The seller has given a letter to the society along with a copy of the format asking for the same but the society is denying to give anything in writing. According the bank the loan cannot be disbursed without the NOC from society. What can we do? Please help.


   dear sir,
it is a formality required to be completed so management should give if no dues on particular flats are existing from management side.
kusum gupta advocate
Lawyer Id: E00002951    Talk to this Lawyer                          Click here for free legal advice


   Dear sir,In this Situation you should convence the socity members if they not agree then you should issue a Legal Notice.Adv. Ashok Kumar Bhatt
Lawyer Id: E00004181    Talk to this Lawyer                          Click here for free legal advice


   Dear Querist,

Bye-law No 38 under the Maharashtra Cooperative Societies Act does not list an NOC from the housing society among the documents required to sell a flat. A society that refuses an NOC must give its reasons in writing.
Section 23 of the Act emphasises open membership and nondiscrimination. A Bombay high court judgment in 2000 rejected the contention of a society that amended its bye-laws to restrict membership to Catholics.
In another case, the Supreme Court ruled that a Churchgate society could not bar the admission of a member who met with qualifications laid down under the bye-laws.

‘Hsg societies must adopt 2001 bye-laws’

Mumbai: Advocates weighing in on the alleged discrimination against actor Emran Hashmi by Nibbana housing society in Bandra say some laws may be in his favour, and that a no-objection certificate (NOC) from the society is not mandatory for the sale of a flat.

Advocate D S Wader, former chairman of the Mumbai Housing Federation, says that a society which has not adopted the 2001 model bye-laws can continue to be guided by the old byelaws under which an NOC was needed. Divisional joint registrar of cooperative societies, Mumbai, M P Kalyankar is categorical that all societies are expected to adopt the 2001 model bye-laws. “If at all a transferor or transferee of a flat want an NOC from the society for their personal reasons, the society will have to issue it within a month of receiving the application,’’ says Kalyankar. Adds Wader, “If a society refuses an NOC, the law requires it to give its reasons in writing.’’

When contacted, J P Chhetri, secretary of the Nibbana housing society, told that he was unaware which bye-laws had been adopted by his society.

Your's:-
Randhir Kumar
AOR- HC.Patna
Corres.Off./Res.- Gudri river road, Behind SLH. School, Sitamarhi, Bihar.
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice


   If no dues or arrears are payable to the Society then it is the duty of the society to give signature upon the format given by the bank. You request politely to the society if this does not work then serve a legal notice upon the society.

Proonoy Kumar Ghose
Legal Officer
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   You can request them in writing if they dont give you send a registered legal notice and file a case.
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice


   it is required by the band to issue the loan and to see that there is no dues of society on the flat
Lawyer Id: E00003460    Talk to this Lawyer                          Click here for free legal advice


   1st you should go through the by laws of the society, if the by laws of the society proscribes that no flat holder can mortgage the flat without the consent from the society then the bank is right in demanding the NOC, However if the same is not mentioned in by laws of the society then you should brought it to the notice of the bank that no such NOC is necessary. You may collect the copy of by laws from the society if society is not providing the same then you should approach assistant registrar co-operative society and can get the copy of the same and thereafter verify the clauses of by laws. Further if the by laws provide that the NOC is necessary then you apply to the society for getting the NOC and try to sort out the solution, if no response is received from them then file a complainant with A.R Co-perative societies .According to me the society might not be responding to you most probably due to non payment of dues .
Lawyer Id: E00003679    Talk to this Lawyer                          Click here for free legal advice
Property »Posted 21 Dec 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

NOC from Society


NOC from Society   I understand it is a formality but the society is denying to give anything in writing. I told them to explain their objections on the letter head but they are just orally arguing that they will not give the NOC. There are no dues from the seller. i have the last maintenance receipt with me.


   You should approach Sub Registrar of Societies and ask him to issue directions. Pradeep Kumar Soti, Advocate
Lawyer Id: E00001926    Talk to this Lawyer                          Click here for free legal advice


   ear sir,
you can write to registrar of societies to interfere or issue a legal notice to the management as they are not discharging their public duty and have no right to be in the management.it seems just because of fear they are not issuing otherwise it is a constitution kind of duty either they should issue or they should have valid reason for non issuing.

kusum gupta advocate
Lawyer Id: E00002951    Talk to this Lawyer                          Click here for free legal advice


   Dear Querist,

1) You may file a RTI application with the Public Information Officer, Your Ward, Deputy Registrar, seeking inspection of the file held by the Registrar of Co-op. Stys pertaining to your society under section 2(j)(i) of the RTI Act.

2) You may file another RTI application with the Public Information Officer of Your Ward, Building Proposal Department of BMC i.e. Municipal Corporation of Greater Mumbai (MCGM), seeking inspection of the file held by MCGM pertaining to your society under section 2(j)(i) of the RTI Act.

During inspection, identify important documents and seek certified photocopies of these documents.

You may download the RTI application form valid for Maharashtra from the following link RTI_Application_Form_Mah.doc.

You will require court fee stamps of Rs. 10/- for each RTI application.

3) Also you may write down your complains on an ordinary A4 size paper and file it with the concerned Public Authority (i.e. relevant government department, may it be Police, Registrar of Co-op. Stys, Municipality etc) , preserve the acknowledgment proof of your Complaint, wait for a week or so, and then file a RTI application seeking information on your Complaint Dated: XXXX e.g. certified photocopy of file notings held on your Complaint Dated XXXX, certified photocopy of action taken report on your Complaint Dated: XXXX etc.

For more details on filing a RTI application for seeking information on the status of action taken by the concerned Public Authority on your Complaint,
If you face any difficulty please put your queries to the forum, and our members would be happy to guide you further.


Bye-law No 38 under the Maharashtra Cooperative Societies Act does not list an NOC from the housing society among the documents required to sell a flat. A society that refuses an NOC must give its reasons in writing.
Section 23 of the Act emphasises open membership and nondiscrimination. A Bombay high court judgment in 2000 rejected the contention of a society that amended its bye-laws to restrict membership to Catholics.
In another case, the Supreme Court ruled that a Churchgate society could not bar the admission of a member who met with qualifications laid down under the bye-laws.

‘Hsg societies must adopt 2001 bye-laws’

Mumbai: Advocates weighing in on the alleged discrimination against actor Emran Hashmi by Nibbana housing society in Bandra say some laws may be in his favour, and that a no-objection certificate (NOC) from the society is not mandatory for the sale of a flat.

Advocate D S Wader, former chairman of the Mumbai Housing Federation, says that a society which has not adopted the 2001 model bye-laws can continue to be guided by the old byelaws under which an NOC was needed. Divisional joint registrar of cooperative societies, Mumbai, M P Kalyankar is categorical that all societies are expected to adopt the 2001 model bye-laws. “If at all a transferor or transferee of a flat want an NOC from the society for their personal reasons, the society will have to issue it within a month of receiving the application,’’ says Kalyankar. Adds Wader, “If a society refuses an NOC, the law requires it to give its reasons in writing.’’

When contacted, J P Chhetri, secretary of the Nibbana housing society, told that he was unaware which bye-laws had been adopted by his society.

Your's:-
Randhir Kumar
AOR- HC.Patna
Corres.Off./Res.- Gudri river road, Behind SLH. School, Sitamarhi, Bihar
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice


   If no dues or arrears are payable to the Society then it is the duty of the society to give signature upon the format given by the bank. You request politely to the society if this does not work then serve a legal notice upon the society.

Proonoy Kumar Ghose
Legal Officer
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   First you give a request in writing.if they raise objections ask them to write and give on that.then give an application under RI Act and give a compkaint to the director of societies regarding this and to give necessary direction to issue NOC.give a legal notice to them
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice


   if there is no dues they can do this to u ,,,,, ask then in the RTI act and if they didn't response send a legal notice
Lawyer Id: E00003460    Talk to this Lawyer                          Click here for free legal advice
Property »Posted 21 Dec 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

NOC from Society


NOC from Society   Can you explain me the complete procedure? First i will give you history of transactions.
1. Entered into agreement of sale of the said flat after paying some initial amount and getting NOC of society for sale of flat.
2. A written letter on plain paper has been given to the society notifying them of the sale and asking for the NOC. A prescribed format given by the bank has been forwarded to them. i have also enclosed a copy of the sale agreement.
3. The secretary of the society has told me and the seller orally that they would not give anything in writing.
this is the situation as of now.
Who has to approach the Registrar of societies? The seller or myself? And with what documents? Is there anything we have to submit to the society or the registrar to complete this procedure? is there any fee that we need to pay the registrar? How many days would the complete procedure take?


   ear sir,
since you are taking loan as buyer so you have to write to registrar based on the sale agreement you have with you now and NOC of society to seller for selling the flat. because this itself means that society has no dues on this flat.even in noc for loan also society has no liability in case borrower does not pay to bank it is only a consent from the society that society managemnet has no object if bank gives loan to the buyer on bank`s terms.

kusum gupta advocate
Lawyer Id: E00002951    Talk to this Lawyer                          Click here for free legal advice


   Dear Sir, 1.you should approach to Registrar directly. 2.every document along with bank loan details. 3.Registrar will take xerox of every document 4.ten days maximum and will take prescribed fees.Adv. Ashok Kumar Bhatt
Lawyer Id: E00004181    Talk to this Lawyer                          Click here for free legal advice


   Dear Querist,

1) You may file a RTI application with the Public Information Officer, Your Ward, Deputy Registrar, seeking inspection of the file held by the Registrar of Co-op. Stys pertaining to your society under section 2(j)(i) of the RTI Act.

2) You may file another RTI application with the Public Information Officer of Your Ward, Building Proposal Department of BMC i.e. Municipal Corporation of Greater Mumbai (MCGM), seeking inspection of the file held by MCGM pertaining to your society under section 2(j)(i) of the RTI Act.

During inspection, identify important documents and seek certified photocopies of these documents.

You may download the RTI application form valid for Maharashtra from the following link RTI_Application_Form_Mah.doc.

You will require court fee stamps of Rs. 10/- for each RTI application.

3) Also you may write down your complains on an ordinary A4 size paper and file it with the concerned Public Authority (i.e. relevant government department, may it be Police, Registrar of Co-op. Stys, Municipality etc) , preserve the acknowledgment proof of your Complaint, wait for a week or so, and then file a RTI application seeking information on your Complaint Dated: XXXX e.g. certified photocopy of file notings held on your Complaint Dated XXXX, certified photocopy of action taken report on your Complaint Dated: XXXX etc.

For more details on filing a RTI application for seeking information on the status of action taken by the concerned Public Authority on your Complaint,
If you face any difficulty please put your queries to the forum, and our members would be happy to guide you further.


Bye-law No 38 under the Maharashtra Cooperative Societies Act does not list an NOC from the housing society among the documents required to sell a flat. A society that refuses an NOC must give its reasons in writing.
Section 23 of the Act emphasises open membership and nondiscrimination. A Bombay high court judgment in 2000 rejected the contention of a society that amended its bye-laws to restrict membership to Catholics.
In another case, the Supreme Court ruled that a Churchgate society could not bar the admission of a member who met with qualifications laid down under the bye-laws.

‘Hsg societies must adopt 2001 bye-laws’

Mumbai: Advocates weighing in on the alleged discrimination against actor Emran Hashmi by Nibbana housing society in Bandra say some laws may be in his favour, and that a no-objection certificate (NOC) from the society is not mandatory for the sale of a flat.

Advocate D S Wader, former chairman of the Mumbai Housing Federation, says that a society which has not adopted the 2001 model bye-laws can continue to be guided by the old byelaws under which an NOC was needed. Divisional joint registrar of cooperative societies, Mumbai, M P Kalyankar is categorical that all societies are expected to adopt the 2001 model bye-laws. “If at all a transferor or transferee of a flat want an NOC from the society for their personal reasons, the society will have to issue it within a month of receiving the application,’’ says Kalyankar. Adds Wader, “If a society refuses an NOC, the law requires it to give its reasons in writing.’’

When contacted, J P Chhetri, secretary of the Nibbana housing society, told that he was unaware which bye-laws had been adopted by his society.

Your's:-
Randhir Kumar
AOR- HC.Patna
Corres.Off./Res.- Gudri river road, Behind SLH. School, Sitamarhi, Bihar
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice


   If no dues or arrears are payable to the Society then it is the duty of the society to give signature upon the format given by the bank.

You approach to the Registrar with the Sale agreement and the intimation letter submitted to the Society.

If the society has set a fee for such signature then you should pay the fee for a receipt.

Proonoy Kumar Ghose
Legal Officer.
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   Please read the deed between the society and owner of the flat and see the conditions for getting noc.you are no dues are there and you gave a letter notifying sale.but what oral objections are said by them is not mentioned in detail.give a complaint to the director of society to investigate about the matter and to give directions to issue noc.find whether the society is charging any fee for the same. Adv.jeshma
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice


   In Maharashtra there is a enactment namely Maharashtra Cooperative Society Act. The Registrar of the Cooperative Society have not have any express powers to compel the Society to give the non - objection certificate , if registrar issues such direction then such direction will not be binding on the Cooperative Society. If society is not Giving NOC and causing obstruction for the sale then the person who is the member of the Society and want to sell the Flat or Plot he may File Dispute Petition before the Cooperative Court against The Secretary and President of the Society, seeking mandatory injunction that they should issue Noc as well as pay compensation and litigation expenses.

Adv Ganesh Gadhe
gadhe.ganesh@yahoo.com
Lawyer Id: E00002819    Talk to this Lawyer                          Click here for free legal advice


   first u should approach the Registrar Director with the documents and the bank loan detail with the buyer
and if they don't response on refuse to give any thing in written the ask then under the RTI and if they don't response then issue a legal notice to the society

Lawyer Id: E00003460    Talk to this Lawyer                          Click here for free legal advice


   as per your 1st clause it means society has given you NOC for sale.
now there is difficulty in respect of getting NOC for Home Loan - Mortgageing property with Bank
You apply in writing for asking such NOc. make it repetative and ask them to comply and give answer if negative in writing only,
do write CC to chairman too..and ask them to give reason whether it is due to any byelaws restriction ? further do check any other person has granted such NOC for Loan or Not?
if fails then you can approach to the Registrar of society based on the sale agreement you have with you now and NOC of society to seller for selling the flat.

Lawyer Id: E00003004    Talk to this Lawyer                          Click here for free legal advice
Property »Posted 21 Dec 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

NOC from Society


NOC from Society   I am of the opinion that whatever the objections, the office bearers of the society may be raising, they should give a written reply on the letterhead of the society. Isn\'t it right? They cannot go on giving reasons orally.
The seller has asked for an NOC on plain paper, as he is member of society and i am still not, and the society should address his letter in writing.Is there a format on which the seller has to apply to the society for NOC or is an application on plain paper valid?
Am i right? Please get back.


   Dear Querist,

1) You may file a RTI application with the Public Information Officer, Your Ward, Deputy Registrar, seeking inspection of the file held by the Registrar of Co-op. Stys pertaining to your society under section 2(j)(i) of the RTI Act.

2) You may file another RTI application with the Public Information Officer of Your Ward, Building Proposal Department of BMC i.e. Municipal Corporation of Greater Mumbai (MCGM), seeking inspection of the file held by MCGM pertaining to your society under section 2(j)(i) of the RTI Act.

During inspection, identify important documents and seek certified photocopies of these documents.

You may download the RTI application form valid for Maharashtra from the following link RTI_Application_Form_Mah.doc.

You will require court fee stamps of Rs. 10/- for each RTI application.

3) Also you may write down your complains on an ordinary A4 size paper and file it with the concerned Public Authority (i.e. relevant government department, may it be Police, Registrar of Co-op. Stys, Municipality etc) , preserve the acknowledgment proof of your Complaint, wait for a week or so, and then file a RTI application seeking information on your Complaint Dated: XXXX e.g. certified photocopy of file notings held on your Complaint Dated XXXX, certified photocopy of action taken report on your Complaint Dated: XXXX etc.

For more details on filing a RTI application for seeking information on the status of action taken by the concerned Public Authority on your Complaint,
If you face any difficulty please put your queries to the forum, and our members would be happy to guide you further.


Bye-law No 38 under the Maharashtra Cooperative Societies Act does not list an NOC from the housing society among the documents required to sell a flat. A society that refuses an NOC must give its reasons in writing.
Section 23 of the Act emphasises open membership and nondiscrimination. A Bombay high court judgment in 2000 rejected the contention of a society that amended its bye-laws to restrict membership to Catholics.
In another case, the Supreme Court ruled that a Churchgate society could not bar the admission of a member who met with qualifications laid down under the bye-laws.

‘Hsg societies must adopt 2001 bye-laws’

Mumbai: Advocates weighing in on the alleged discrimination against actor Emran Hashmi by Nibbana housing society in Bandra say some laws may be in his favour, and that a no-objection certificate (NOC) from the society is not mandatory for the sale of a flat.

Advocate D S Wader, former chairman of the Mumbai Housing Federation, says that a society which has not adopted the 2001 model bye-laws can continue to be guided by the old byelaws under which an NOC was needed. Divisional joint registrar of cooperative societies, Mumbai, M P Kalyankar is categorical that all societies are expected to adopt the 2001 model bye-laws. “If at all a transferor or transferee of a flat want an NOC from the society for their personal reasons, the society will have to issue it within a month of receiving the application,’’ says Kalyankar. Adds Wader, “If a society refuses an NOC, the law requires it to give its reasons in writing.’’

When contacted, J P Chhetri, secretary of the Nibbana housing society, told that he was unaware which bye-laws had been adopted by his society.

Your's:-
Randhir Kumar
AOR- HC.Patna
Corres.Off./Res.- Gudri river road, Behind SLH. School,
Sitamarhi, Bihar
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice


   dear sir,
yes you are right but as you said earlier they are orally telling that they will not give anything in writing that is why I used the word they are not fit to become part of the management when they can not discharge their public obligations then why they are holding the post to harrass the members or what? no you submit your application through seller and with NOC given by society this should be enough or let society to say in writing as what they want from you or seller.

kusum gupta advocate
Lawyer Id: E00002951    Talk to this Lawyer                          Click here for free legal advice


   dear brother
1. this is your property. no NOC required from the society. all the bye laws are clarified to work in similar in functioning.
2. nowawadays office bearers fear to give anything in writing. avoid giving in writing as much as possible. mainly they do not know exact rules but occupy the chair not allowing the others to execute.
3. it is enough if the applicataion is given in a piain paper
4. you are correct. the real office bearers have to reply in in the writing that too in the letter head.
all the best
Adv.A.P.Loganathan,MadrasHighCourt,Avoid Police/Court/Politician if possible
Lawyer Id: E00000831    Talk to this Lawyer                          Click here for free legal advice


   Yes you are right but as you said earlier they are orally telling that they will not give anything in writing that is why i ask u to ask then the objection under the RTI and if still they don't response issue a legal notice to the society
Lawyer Id: E00003460    Talk to this Lawyer                          Click here for free legal advice


   yes, you can ask them to give a written reply. If they remain stubborn then serve a legal notice stating that as the seller is a member of the society and not a defaulter and asked for signature on a bank's NOC format but as the society denied to put signature so if in the future the loan is denied by the bank due to reason of non signature then the society shall be legally liable to compensate you and shall be sole responsible for all consequences.

Pronoy Kumar Ghose
Legal Officer
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   Yes the objections must be given in writing.give a fresh application and if they dont provide you ask them to write on it.you give a complaint to registar of societies and ask him to give necessary directions to issue and to enquire about objections if any.
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice
Property »Posted 21 Dec 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

NOC from Society


NOC from Society   please go thru the response of Advocate Ganesh Gadhe and get back.


   Dear Querist,

1) You may file a RTI application with the Public Information Officer, Your Ward, Deputy Registrar, seeking inspection of the file held by the Registrar of Co-op. Stys pertaining to your society under section 2(j)(i) of the RTI Act.

2) You may file another RTI application with the Public Information Officer of Your Ward, Building Proposal Department of BMC i.e. Municipal Corporation of Greater Mumbai (MCGM), seeking inspection of the file held by MCGM pertaining to your society under section 2(j)(i) of the RTI Act.

During inspection, identify important documents and seek certified photocopies of these documents.

You may download the RTI application form valid for Maharashtra from the following link RTI_Application_Form_Mah.doc.

You will require court fee stamps of Rs. 10/- for each RTI application.

3) Also you may write down your complains on an ordinary A4 size paper and file it with the concerned Public Authority (i.e. relevant government department, may it be Police, Registrar of Co-op. Stys, Municipality etc) , preserve the acknowledgment proof of your Complaint, wait for a week or so, and then file a RTI application seeking information on your Complaint Dated: XXXX e.g. certified photocopy of file notings held on your Complaint Dated XXXX, certified photocopy of action taken report on your Complaint Dated: XXXX etc.

For more details on filing a RTI application for seeking information on the status of action taken by the concerned Public Authority on your Complaint,
If you face any difficulty please put your queries to the forum, and our members would be happy to guide you further.


Bye-law No 38 under the Maharashtra Cooperative Societies Act does not list an NOC from the housing society among the documents required to sell a flat. A society that refuses an NOC must give its reasons in writing.
Section 23 of the Act emphasises open membership and nondiscrimination. A Bombay high court judgment in 2000 rejected the contention of a society that amended its bye-laws to restrict membership to Catholics.
In another case, the Supreme Court ruled that a Churchgate society could not bar the admission of a member who met with qualifications laid down under the bye-laws.

‘Hsg societies must adopt 2001 bye-laws’

Mumbai: Advocates weighing in on the alleged discrimination against actor Emran Hashmi by Nibbana housing society in Bandra say some laws may be in his favour, and that a no-objection certificate (NOC) from the society is not mandatory for the sale of a flat.

Advocate D S Wader, former chairman of the Mumbai Housing Federation, says that a society which has not adopted the 2001 model bye-laws can continue to be guided by the old byelaws under which an NOC was needed. Divisional joint registrar of cooperative societies, Mumbai, M P Kalyankar is categorical that all societies are expected to adopt the 2001 model bye-laws. “If at all a transferor or transferee of a flat want an NOC from the society for their personal reasons, the society will have to issue it within a month of receiving the application,’’ says Kalyankar. Adds Wader, “If a society refuses an NOC, the law requires it to give its reasons in writing.’’

When contacted, J P Chhetri, secretary of the Nibbana housing society, told that he was unaware which bye-laws had been adopted by his society.

Your's:-
Randhir Kumar
AOR- HC.Patna
Corres.Off./Res.- Gudri river road, Behind SLH. School,
Sitamarhi, Bihar
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice


   Learned Advocate Ganesh Gadhe has rightly pointed out your grievance. So, if the society is denying to give your seller NOC signed then your seller can file his grievances before the co-operative court and the co-operative court will pass an order to the prseidednt and secretary of your society to sign the NOC and also to pay you compensation for any loss caused to you and your seller.

Pronoy Kumar Ghose
Legal Officer
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   
What Mr. Ganesh has said is itself conflicting and contradictory.. On one hand he states that
"Bye-law No 38 under the Maharashtra Cooperative Societies Act does not list an NOC from the housing society among the documents required to sell a flat"
on the other hand he says that " A society that refuses an NOC must give its reasons in writing".
According to first statement NOC is not required and than again he says If Society must give reasons in writing for refusal of NOC.
if no NOC is required where is the question of applying for NOC to Society.
Olease therefore check the Bye-law Noi 38 quoted by him.
R.V.DAGLI
ADVOCATE
Lawyer Id: E00003106    Talk to this Lawyer                          Click here for free legal advice


   His advice clarifies your doubt but if bank insist noc clearance you have to get it.bye law 38 says seller need not noc to sell and not buyer need not get it and director cannot compel to issue noc but he can inquire about objection.file an application RTI Act and out reasons for objection first.then issue legal notice to society and then file a suit.if want a loan you must get it.Adv.jeshma
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice
Property »Posted 21 Dec 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

NOC from Society


NOC from Society   Thanks a lot to all the advisors. You all were of great help.


   Dear Querist,

1) You may file a RTI application with the Public Information Officer, Your Ward, Deputy Registrar, seeking inspection of the file held by the Registrar of Co-op. Stys pertaining to your society under section 2(j)(i) of the RTI Act.

2) You may file another RTI application with the Public Information Officer of Your Ward, Building Proposal Department of BMC i.e. Municipal Corporation of Greater Mumbai (MCGM), seeking inspection of the file held by MCGM pertaining to your society under section 2(j)(i) of the RTI Act.

During inspection, identify important documents and seek certified photocopies of these documents.

You may download the RTI application form valid for Maharashtra from the following link RTI_Application_Form_Mah.doc.

You will require court fee stamps of Rs. 10/- for each RTI application.

3) Also you may write down your complains on an ordinary A4 size paper and file it with the concerned Public Authority (i.e. relevant government department, may it be Police, Registrar of Co-op. Stys, Municipality etc) , preserve the acknowledgment proof of your Complaint, wait for a week or so, and then file a RTI application seeking information on your Complaint Dated: XXXX e.g. certified photocopy of file notings held on your Complaint Dated XXXX, certified photocopy of action taken report on your Complaint Dated: XXXX etc.

For more details on filing a RTI application for seeking information on the status of action taken by the concerned Public Authority on your Complaint,
If you face any difficulty please put your queries to the forum, and our members would be happy to guide you further.


Bye-law No 38 under the Maharashtra Cooperative Societies Act does not list an NOC from the housing society among the documents required to sell a flat. A society that refuses an NOC must give its reasons in writing.
Section 23 of the Act emphasises open membership and nondiscrimination. A Bombay high court judgment in 2000 rejected the contention of a society that amended its bye-laws to restrict membership to Catholics.
In another case, the Supreme Court ruled that a Churchgate society could not bar the admission of a member who met with qualifications laid down under the bye-laws.

‘Hsg societies must adopt 2001 bye-laws’

Mumbai: Advocates weighing in on the alleged discrimination against actor Emran Hashmi by Nibbana housing society in Bandra say some laws may be in his favour, and that a no-objection certificate (NOC) from the society is not mandatory for the sale of a flat.

Advocate D S Wader, former chairman of the Mumbai Housing Federation, says that a society which has not adopted the 2001 model bye-laws can continue to be guided by the old byelaws under which an NOC was needed. Divisional joint registrar of cooperative societies, Mumbai, M P Kalyankar is categorical that all societies are expected to adopt the 2001 model bye-laws. “If at all a transferor or transferee of a flat want an NOC from the society for their personal reasons, the society will have to issue it within a month of receiving the application,’’ says Kalyankar. Adds Wader, “If a society refuses an NOC, the law requires it to give its reasons in writing.’’

When contacted, J P Chhetri, secretary of the Nibbana housing society, told that he was unaware which bye-laws had been adopted by his society.

Your\'s:-
Randhir Kumar
AOR- HC.Patna
Corres.Off./Res.- Gudri river road, Behind SLH. School,
Sitamarhi, Bihar
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice


   Really happy to hear it.get your noc immediately. Adv.jeshma
Lawyer Id: E00003833    Talk to this Lawyer                          Click here for free legal advice


   welcome. Hope you get your problem solved early, get the NOC and get the loan. Best of Luck.

Pronoy Kumar Ghose
Legal Officer
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   welcome and hope ur problem will be solved and if u have any other quaree u can contact
Lawyer Id: E00003460    Talk to this Lawyer                          Click here for free legal advice

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