• Regarding NOC from cooperative group housing society Delhi

Sir. I ve purchased a free hold flat in Dwarka in CGHS society .I ve recieved only certificate informing me about no dues pending against the seller .When I approached the society for membership transfer and share certificate society is saying that NOC from society have not been taken by you and saying NOC and no dues are different. So how we can move ahead.please inform that 1 . Is it necessary to obtain NOC to purchase a free hold flat. 2.what shall I do now to get membership transferred in my name along with share certificate.
Asked 6 years ago in Property Law
Religion: Hindu

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8 Answers

Not necessary to obtain NOC from society to purchase flat 

 

2) issue legal notice to society to transfer share certificate in your name 

 

3) offer to pay the transfer charges to the society 

 

4) if society refuses to transfer complain to registrar against society 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You need to speak to the person who has sold you the flat he has to clear all the dues of the society till the date of payment as well as the share transfer charges which is one time payment payable by the person who has sold the property as well as you have to to pay any amount in this regard if anything is applicable to get the share certificate from the society

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) To registered flat on your name it's not necessary to obtain NOC from society.

 

2) To get membership and share certificate you should have NOC from society.

 

3) Before purchasing flat from seller have you mentioned indemnity clause and transfer charges who will be bearing. So you can take pending dues charges from seller and transfer charges 50%.

 

4) If you want I can review your sale agreement documents at reasonable cost.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If you apply for NOC they will provide you it is a mere formality as there is no dues they will only take transfe charges has transfer the flat. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Noc not required. 

You can file complaint to Cooperative Registrar for issuance of share certificate.After complaining Cooperative Registrar shall direct to issue share certificate to you. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. It is not mandatory to obtain NOC from the society to purchase freehold property. But, in order to get the share certificate you would need NOC from the society 

 

2. As the society has already given you the no due certificate of the previous owner getting NOC would not be a problem. You would just have to bear transfer charges which are payable to the society. After getting the NOC, share certificate of your flat would be issued to you.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Actually the vendor should obtain NOC to sell the property and not that the buyer will apply for NOC. 

You may approach the seller to obtain NOC after which you can apply for transfer of share certificate to your name.

If the society is still mischievous on this then you may resort to legal action by first issuing a legal notice demanding the said reliefs, after you can drag the society to consumer forum for relief and remedy.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Sir,

The following information may kindly be read:

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.

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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