NOC for resale flat from Society

Q: Can a co-operative society charge for providing NOC to the seller even if there are no dues pending?

Sushil Shejul, Apartment Resident

8th February 2018

Legal in Charholi Budruk, Pune

is noc require for resale of the flat?

noc for resale of flat

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Replies (3)

If you are selling your flat and the buyer who wants to take a home loan. Agreement and registration have been done for the property and all govt. taxes also have been paid. Since the property needs to be mortgaged to the bank by the new buyer, in this case, the buyer needs a NOC from the society to mortgage the property. Better, you take the advice of a legal expert in this matter.

Upendra Limaye, Pune

9th February 2018

Comment

Yes, if your title to the property is clear then you do not require the NOC to sell the property. You are free to execute the sale deed in favor of the prospective buyer. Since it is a registered document, you can get the certified copy of the same even now from the concerned office of the registrar.
You get the copy and apply for NOC with the society, if they refuse to give after that also, you may start the legal process by first issuing a legal notice and then approach the court for getting the same.

Gauri Shinde, Pune

9th February 2018

Comment

Hi Sushil,
As per property expert, you do not need society NOC for sale of flat. The model bye-laws framed by the state government under the Maharashtra Cooperative Societies Act hold that a person does not require any objection certificate (NOC) from the society at the time of transfer of a flat.
Bye-law No 38 prescribes a list of documents required for selling a flat, but nowhere is it mentioned that the NOC from society is mandatory.
If at all a transferor or transferee of a flat wants a NOC from the society for their personal reasons, the society will have to issue it within a month of receiving the application.
And if your society is refusing a NOC, the law requires it to give its reasons in writing.

Apurva Nagpal, Pune

9th February 2018

Comment