Comment on About Us by Anurag Malhotra.
My sister is trying to sell her apartment in a group housing society of employees of Public sector company in gurgaon. The managing committee is not issuing the No Objection Certificate as the by laws require the new owner to be employed( private or public) and should not own another dwelling in gurgaon. Though the salary certificate and the affidavit confirming the same has been submitted, the society management is refusing to issue the certificate saying that the salary of the new owner is 12000/- per month and can not afford the apartment. Though the bye laws do not have such clause.
My question is:
1) is the NOC mandatory for my sister to sell her apartment ?
2) can the management refuse to issue the NOC to my sister on these grounds?
3) can the society block the sale of a free hold property and not transfer the membership if all dues are paid and clear?
Thanks for your prompt response,
Anurag Malhotra Also Commented
All the dues have been paid by my sister and there is no outstanding in her account. Can the society discriminate on the basis of lower salary income alone? There are other incomes in the family ancestral, husbands income etc. The constitutional rights that my sister has to sell her freehold property aren’t they being restricted by these clauses? And hence don’t they become illegal.