Housing society’s NOC not essential to sell or buy flat

It happens some times that the Seller of the co-operative housing society is not stationed at the place where the co-operative housing society exists. Therefore he is not able to liaise with the managing committee of the society to request for issue of NOC to the member.

Otherwise also, sometimes it also happens that either the seller or the purchaser has to move out from the city of residential complex of the co-operative society and therefore, there is no waiting time available to the seller to obtain NOC from the Society.

It also happens that, in spite of provisions of law to issue the NOC to the seller, the managing committee do not issue the NOC due to reasons not known to any one else.

2 a society legal-path.com

Housing society’s NOC not essential to sell or buy flat

IN ABOVE SUCH CASES

The seller can sell the flat without obtaining NOC from the co-operative society. To remove all restrictions on sale & purchase of flat as freedom of rights to property, the seller is allowed without any requirement to prove his innocence or compliance to obtain NOC in advance from co-operative society. Later on, when the flat is purchased by the Purchaser, no one is required to prove the reasons to the co-operative society due to which the NOC was not taken in advance.

REASONS OF WAIVER OF NOC FROM SOCIETY

The basic reasons of waiver of procurement of NOC as pre-condition to sell a flat is made, as the purchaser of co-operative society flat steps into the shoes of the seller of the flat. The purchaser becomes responsible for all assests & liabilities of present, past and future time even if not known to the seller or purchaser at the time of sale /purchase.

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37 Comments

  • umesh manchanda says:

    Sir, can I sell a registered flat on my name without being share holder of the flat because the society management for the reasons best known to them is simply delaying on petty excuses though I submitted the application form and affidavit in april15 and have paid the requisite cheque. of Rs650/- as asked by the president if the society. Unfortunately I did not take the reciept and due to their mal intetion they have not deposited tge said cheque in their account. Pl advice

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  • Rahul Chowdhury says:

    Sir, my cooperative society has ceased to exist as a coperative body,so I cannot obtain an NOC. Can I sell my flat in this scenario?

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  • Rahul Chowdhury says:

    Sir, if the cooperative society body has ceased to exist, then I cannot obtain an NOC. In this scenario how can I sell my flat?

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  • sachin says:

    Society is asking Rs. 25000/- against NOC. pls advice

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  • Hiren v shah says:

    Sir,
    We have purchased a flat & documents have also been registered in March 2016. But the seller has sold the flat by using old Noc of 2008. Which was taken by him. Is there any validity of NOC or is there any period of validity of a society NOC.

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  • Pankaj Tiwari says:

    My socity giving NOC to bank for creation of mortgage on seller name,which I have buy recently,they are giving me reason that share certificate is not transferred on my name,I have buy a shop recently,with all legal formalities and BANK officer saying that they need NOC on my name please help.

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  • Vijay Bapat says:

    If purchaser is taking loan from the bank and bank demanding noc what is solution

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  • Vijay Bapat says:

    If society refuses to give noc what is remedy

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  • Vijay Bapat says:

    Purchaser have to take loan from bank.how we can convince bank if noc not received from society

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  • Vijay Bapat says:

    Situation is that property is in the name of my mother and her flat tfd to my son because of he was nominee.mother died in the year 2003.land and old bldg belongs to my mother,myself and my younger brother.before two years we have made agreement in the name of my son.builder developed property and sold other flats.conveyance of property is not done.building constructed on 1994.for conveyance deed vapas tapas is required.kindly give your opinion

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  • Vijay Bapat says:

    Lot of thanks sir for attending me several times

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  • Mona says:

    We have recently purchased an apartment in a residential complex in noida, the administration of which has been handed over by the builder to RWA 2 years back. Since the building is 8 years old, the apartment requires extensive renovation which we have been getting done since the end of July and our estimate is that it will take another month before it becomes habitable. However, the workers were stopped today from entering the complex for work under the pretext that the permission for work has lapsed and now permission for extending the work would have to be taken from the President RWA. When we began work in July no such rules were informed to us. My query is whether any RWA has the legal authority to stop an owner from carrying out renovations in his flat?

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  • Sonia Shah says:

    One member has defaulted and also was secretary recently and has submitted resignation letter without handing over the documents, audits etc to the society and now wants to sell his flat and run away. Society wants to stop him from leaving before he finishes his pending office work. If NOC is not mandatory, then how can society stop him?

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  • Asha says:

    Hello, Can you please help me understand the concept of NOC from society? I am selling my flat in pune maharashtra and the buyer’s bank is asking NOC from society. What is my duty in this regard, what this NOC means? no objection for selling the flat ? why would society have objection on selling flat of my ownership? could you please explain and if I will have to bear any expenses in getting NOC?

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  • Vijay Bapat says:

    Society refusing to give noc as per banks format
    Pl guide

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  • Vkumar Rane says:

    Sir, Society’s Chairman have agreed for x amount towards settlement of old dues of my flat and same was noted in ROSNAMA. Also agreed for issue NOC for RENT-OUT the flat. It was signed by Chairman of society, self and Dy. Registrar. Now when I am approaching Chairman for payout and settlement of OLD dues, he refused to accept agreed x amount during agreed during hearing with Dy. Registrar and also refused to issue NOC for RENT-OUT the flat. Request me to guide in this case. How to resolve this issue ?

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  • YATIN says:

    Hi Sir,
    My sister is an NRI and purchased a freehold flat in Dwarka ( Delhi ) in Group housing society for my parents. The registry and all other documentation is complete but original owner hasnt provided an NOC to my parents due to which Soceity management isn’t allowing an entry to them since last 1 month. Please suggest what all we can do to get into our house

    Regards
    Yatin

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  • simar says:

    Hii sir
    There is a problem, we were going to buy a house, and now the chairman and the committee of the society is not issuing the NOC to us because of certain personal grudges.
    What should we do?
    Does he hold any authority to do that?
    Please help

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  • M Pandey says:

    Hi.. I have recently purchased a flat in Dwarka , New Delhi which is a freehold flat. Registry is done on my name & bank loan is also processed. However the the society president is saying that the seller had not taken NOC to sell prior (NOC was taken only for converting the flat from leasehold to freehold), hence they cannot allow me to move in. They say that they do no acknowledge me as the rightfull member\owner of the house as the NOC had not been taken & are not even accepting my application for transfer of share certificate vide form 20. Is this justified on the CGHS part. What should I do?

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  • BHARATI BHATTACHERJEE says:

    SIR, I HAVE PURCHASED A FLAT IN KOLKATA ULTADANGA AREA, KOLKATA-67 FROM A COOPERATIVE HOUSING WITHOUT THEIR PERMISSION AS THEY FAILED/DELAYED TO GRANT SUCH PERMISSION. BUT AS I NEEDED URGENTLY ONE FLAT FOR LIVING AND THE FLAT OWNER NEEDED MONEY FOR HER TREATMENT IMMEDIATELY, SHE TRANSFERRED THE FLAT WITH A REGISTERED DEED. LATER, SOCIETY ACCEPTED ME AS A MEMBER AND HAS TAKEN ALL THE RELEVANT CHARGES FOR SUCH ACCEPTANCE. NOW I LIKE TO OBTAIN THE MUTATION CERTIFICATE. THE SHARE CERTIFICATE HAS NOT TRANSFERRED IN MY NAME. KINDLY GUIDE ME FOR MUTATION. HERE WHAT IS THE ROLE OF KOLKATA IMPROVEMENT TRUST. THEY DENY TO ACCEPT SUCH TRANSFER.

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  • Kantilal Jain says:

    What if a loan giver company has a pre-requisite to obtain NOC from the seller of the flat in a cooperative society?

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  • Kantilal Jain says:

    What if the loan giver company wants hierarchy of owners to be confirmed by the secretary of the cooperative society but what if the secretary and chairman are of non cooperative nature.
    What should we do in such a case.
    Please reply as soon as possible .

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  • ashok says:

    Dear,
    I am purchasing free hold flat in Group housing society in Delhi.
    Is this must to become member of society ??
    Society want Affidavit declaring no other flat in Delhi, but i have one more .
    What to do ???
    Can i live in this flat with out member ????

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  • neeraj kumar shukla says:

    if high court given stay order on housing society cancellation matter then lower court can give any decision on related housing society without any decision of high court.

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  • Vijay says:

    Sir, we bought a DDA CGHS flat through registered GPA and sale deed. Now to transfer membership the society is asking that the previous owner is to be present physically to get membership certificate and other NoCs. But the previous owner is now denying to come. Pls guide about how we can transfer flat in our name.

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  • Hardik Ganatra says:

    I have purchased the flat without cooperative housing society body’s approval,they have not provided us NOC,they don’t won’t the Flat to be transfer on our name,is society NOC necessary by Law,pls state which rule is applicable for the same.

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  • Bhim singh verma says:

    I have purchased one shop room a part from the flat owner of a co operative society.Afer purchasing,the secretary regrets to issue membership of co operative society. Also they are not allowing me to use common facilities i.e water toilet eccess to electric room.
    I will be highly grateful to you if you please advise me the remedies.
    Thanks
    Regards
    Bhim Singh Verma

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  • Arun Kulkarni says:

    Dear Sir,
    I have a flat in Sector 4 of Dwarka and I wanted to sell it to a employee of govt held ( 50%) company ( not a PSU ). Society insists that the buyer should be a Govt servant The president is so arrogant that he flatly denies any NOC and says that the person buying flat should be from govt services only. He is also demanding Rs 1/- lakh for NOC for society development . These he says is valid as per society constitution approved during 1980’s . Sometime back he sent one buyer he wanted to pay me about 10% less but assures that he will get Noc from society. Kindly advise me

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  • Kapila says:

    Sir,I had booked a flat in 1988 and by 2003 I had made the full and final payment. Society has not allotted me the flat so far and are now asking for maintenance charges till date.what should I do and am I liable to pay the maintenance charges.please help me

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  • Prashant Kulkarni says:

    Sir,My father passed away in June16.Now i wish her to transfer my fathers house on my name.My father had already submitted nomination on my name in society.I approached to society secretory but he is not ready to help me also he is not even ready to accept my any application.Please guide me now what shall i do.

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  • Santosh says:

    Sir, I purchased a flat in society vide appropriate agreement with stamp duty and registration fees but final payment of seller has not been paid by me to seller due to seller absconding. I also given notice in news paper. I want to pay final amount to seller but he is absconding. Now almost one and half year past society has not been given me membership due to balance amount of seller has not been paid by me. please guide me now what shall I do.

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  • DINESH says:

    Your efforts are really appreciable and clears doubts which normally no lawyer answer with logic and confidence like yours.
    Please clarify if I proceed to buy a Freehold flat in a society manned by an administrator what precautions I have to take viz:
    1.If mandatory to ask seller for applying for NOC to society for sale
    2.What is the format for this NOC issued by society
    3.What if Society does not react to this application for NOC and I proceed for purchase and later apply for share transfer and obtaining membership
    4.What if Seller does not apply for NOC and I proceed to purchase…as above…Will I shall be refused membership? I have already checked from Society register that No Dues are pending as on date.

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  • Gurinder chawla says:

    It is being said that NOC is not required for selling or buying a flat in housing society. But the tell me how membership can be given to a buyer for the same flat, when the previous owner is still a member. Is he not required to resign from the membership. Please clarify.

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  • Gurinder Chawla says:

    Thank you for comments on my earlier query of 23 June. I have another query. In our society, the MC has allotted covered space for parking of vehicles. For this purpose an amount of Rs.75000 was collected. In the letter it has been seen that the word ‘purchase/allotment’ has been used. now the members are selling the flat have also sold the parking space and has in few cases the fact of the same have been added in the registry documents. How is it possible for MC to sell or member to purchase a parking space, when these spaces are of common area and no member is paying any property tax on it. Can you pleae clarify that in such case the member has to surrender the parking space to the society and claim refund of Rs.75000 paid for this purpose or can the new owner continue to enjoy the benefit of covered parking space. The society has maintained a car parking fund in which this amount has been kept and shown as liability.

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  • Gurinder Chawla says:

    Thank you for prompt reply. It is great to see that you take such an interest in queries. But I am some what unsatisfied with your reply as you have not addressed the issue of common space, silt parking, can be sold by MC. And amount so collected is kept as fund and shown as liability.

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  • Sheshank Kumar says:

    Hi Sir,
    I have a villa in GREATER Noida namely Paramount Golfforeste, this villa is already registered through authority in my name. Now I want to sell this house. But builder is asking for NOC cost of Rs. 400 per sq ft.
    Please suggest if this is legal? Why do I need to pay such huge amount for my own property?

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  • Advocateji says:

    Dear Sheshank Kumar, In Modi Raj, cash must be avoided. Pay by cheque or DD to the right person

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