1) complain to registrar against society refusal to give NOC
2) also file police complaint against society refusal to give NOC because buyer is Muslim
I have sold my property to a Muslim buyer and have given a written letter of intent of sale and also requested them for the NOC. I have also registered my property. Now, the society called a meeting of only the Hindu flat owners’ and called us and refused to give us the NOC (verbally) saying the character of the buyer was quarrelsome. There are already two Muslim flat owners and one Christian flat owner in our society. And two days after the said meeting the Chairman and Secretary of the society put in their resignations in the society’s whatsapp group. Now what should I do to get the NOC from the society? Please help urgently as I will face financial losses if the NOC is not submitted to the buyer’s bank within the next two days.
1) complain to registrar against society refusal to give NOC
2) also file police complaint against society refusal to give NOC because buyer is Muslim
Society cannot refuse NOC due to caste of caste of buyer. This is promoting enmity between different groups on grounds of religion, race etc which is a criminal offense.
Warn the society of filing FIR in this regard and recovery of loss due to their refusal of NOC , if NOC not provided. Also complain to registrar, Not possible through court in 2 days.
Can the Chairman and Secretary refuse to sign the NOC since they have given their resignations on the whatsapp group and will they continue to discharge their duties till the time an AGM is called for and elections are held?
They resigned, good. Take the NOC from any other office bearer.
Acceptance of resignation will decide in AGM. can sign now.
They continue to remain in office till the AGM
society is bound to give you reasons in writing for refusal to give NOC
You need to apply to the registrar immediately for noc. You can recover your loss from society if there is a mismanagement.
You issue a notice to the society asking for NOC to sell the flat to the prospective buyer.
If the society is not responding then you can initite legal action to procure the same by submitting a complaint to the registrar of cooperative societies mentioning the reason that the society is refusing to provide NOC and to intervene in this as well as to direct the society to furnish NOC immediately.
If the Chairman or the secretary still hold the care taker position of their post, they are liable to sign the NOC because it is not a special item, since it is a routine matter.
If they refuse then you can resort to legal action as suggested.
Please approach Dy. Registrar of the Society under whose jurisdiction your Society is situated and submit your written complaint against the Secretary and Chairman of the Society. Your problem will be solved by The Dy. Registrar for NOC.
An NOC is a formality unless they have specific reasons for rejection. File a complaint against the society before the registrar. Ask the society to give in writing as to why they have rejected your noc.
A acting Chairman from among the office bearers has to be made for the time being as essential services have to be discharged.
This is ridiculous
People are admitting and refusing to admit members on basis of religion
This act is completely illegal
I first of all do not understand why the bank needs a NOC for sale
No law says that the member has to obtain a noc for sale of his house from the society
The only procedure given in the societies act is regarding admission of a new member
That admission cannot in any manner be refused just because the member belongs to a certain religion
The buyer can always approach the registrar of co operative societies and apply for membership and if the society does not respond to the show cause notice of the registrar then the buyer is deemed to be admitted as a society member
There is no NOC as such
If certain committee members have resigned that will also not change the situation
It does not matter at all because law does not contemplate any noc for sale
The buyer's bank's demand for a NOC for sale is per se illegal
You must ask the buyer's bank to show the legal provision under which it is compulsory to obtain such a NOC!
You can file complaint to Cooperative Registrar for issuance of NOC.
After complaining Cooperative Registrar shall direct to issue NOC.
1. Make a written request for NOC. After written request society have to explain the reason for refusal of NOC with in 30 days or they should issue NOC.
2. If it's that much urgent then make police complaint that NOC was rejected due to religion of buyer and you were criminally intimidated if you go ahead with sale of property to a Muslim.
Dear Sir/Madam,
You are suggested to submit your complaint regarding the action of the society management to the registrar of society.
- As per law, A society has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further , the society cannot refuse to purchase and occupy the flat on the ground of race & religion , and if the society is doing this, then the person harassed, can claim compensation as well.
- Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.
- Hence, the said unjustified actions of society is against the society Act and law of the land , and you can file a complaint before the Registrar , and further the said purchaser can also lodge a complaint against the society for not allowing him to occupy the flat on the ground of religion . and also against the refusal of issuing NOC .
- You should send a legal notice to the management of the society , even chairman and secretary resigned , and further only an information though whatsapp is not enough .