NOCs Issued for mortgages, loans

Thanks you all for your replies..
However ;
1. The NOCs by secretary were issued on 18th Nov, 2020
-to the bank where the seller had pledged the goat,
- to the seller to sell his flat
- to the bank that was giving loan to the purchaser
2. The agreement to sell was signed by the seller ans purchaser also on 18.11.20
3. The sellers also happen to be the Chairman and the Chief Promoter of the society for last 13 years alongwith tsame secretary and treasurer .
4. The agreement between sellers and purchasers included sale of common areas viz open parkings and servant room ( that doesn’t exist on the sanctioned plan ) . These common areas did not exist in the original agreement between seller and builder signed in May 2000 . Apparently, sellers produced a supplemental agreement Unregistered based on which these common areas ; parkings and servant room were added .
As per our understanding the original agreement can not be bettered simply by miraculously producing a supplemental on 18.12.2020.
The agreement signed on 18.11.20 between the seller and purchaser also mentions this Unregistered supple agreement .
All this was kept concealed by the secretary from the members of committee and society .
5. On 25.11.2020 there was the AGM CALLED IN ZOOM Because of COVID by way of WhatsApp Chat. No agenda , no formal notice was given. By the secretary . Secretary asked the seller who also happened to be the chairman since 2007 to chair the meeting . Nothing was mentioned about the NOC, Sale of Flat on 18.11.2020 either by the secretary or by seller .
During the entire AGM in which the secretary announced that he has resigned which he has been telling all members over chat that he has resigned since Sept. 2019. But there was no resignation letter on records . He used this “resignation “ every time he was asked details of accounts n Huge moneys stuck in the now defunct Or defaulter bank .
6. It was by chance came to be known about these NOCs and Sale Agreement on 2.12 after which the secretary was forced to admit amd show NOCs and sale of flat done without due diligence or permission of the society. He also had confirmed to the loaning bank about the inclusion of common areas !!! Surprisingly On 2.12 the seller managed to register the supplemental Agr. and paid stamped duty parkings and Sevant room. How could he prove as the room isn’t in the FSI & plan?
7. According to bank passbk there were society dues outstanding against seller as on 18.11 when the NOCs were issued & sale agreement registered which were later paid on 20.11.20.
8. Could the chairman continue be chairman after having sold the flat on 18.11.20 and chair
AGM?
9.The society by way of SGM dated 13.12.2929has revoked all NOCS, returned transfer moneys and asked purchases to rectify the agreement .
10. The purchaser insists that since secretary issued the NOCs, they have right to parkings and servant room.
11. Seller using contacts @ Dy Reg for membership.

Asked 3 years ago in Property Law

Religion: Hindu

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6 Answers

Society by way of SGM resolution sent the notice to the sellers, purchasers, Dy Registrar, collector of stamps and police informing the illegality of the NOCs, Sale Agreement including common areas and a non existent servant room that isn’t in the approved plan and FSI. Society also returned the transfer charges to purchases.

Since January 2021 the purchasers are forcibly bringing labour carrying our major renovation without seeking permission ,sanctioned plan as per bye laws by intimidating the security and members boasting about their contacts. They also submitted fake COVID negative reports of 3 workers on 11.04 which was duly reported to BMC on 14.04 and on same night workers escaped purchases refused responsibility of fake COVID reports . A month later brought more workers again without any permission or Covid protocol and sop . Harassing members and security dropping names and contacts in higher authority etc etc.
Incidentally we have had 8 Covid cases and two deaths in the society since January 2021.

The society has also sent notices to the purchases to abide by bye laws in three occasions since January with copy to Dy Registrar to which there’s no reply from registrar or his office.

Where does the society stand against such a situation?.

Can the registrar force us to admit the purchaser even when the agreement is faulty ? Can he force us to allow renovation ( incidentally purchaser has informed Dy Registrar about monsoon renovation and not this major breaking and restructuring in the flag and that their agreement is legal based on the NOCs given ).
Can we expect Justice or do we go on spending hard earned money and yet being served with notices by Registrar to appear on a week’s notice while our lawyers notice of December 2020 to Dy registrar and collector of stamps remains unanswered ? None of our letters are answered by the registrar while on a letter filed by purchase on 6.5.21 he issued notice to society on 7.5.21 !!

Asked 3 years ago

These involve practical issues based on the forgeries done by the office bearers for their wrongful gains.
The members may dig out the truth and can take up this issue by making a complaint about the fraudulent activities to the police concerned and also with the registrar of cooperative societies for the illegal functioning of the chairman in that post for the past 13 years or so.
You can list out the irregularities done by the chairman and the secretary in the past with documentary evidences and give a complaint with the registrar of cooperative societies with a request to take suitable action as per law, if the complaint do not fetch the fruitful results you may approach cooperatie court with suit for injunction against the chairman restraining him from functioning as chairman due to the irregularities and the offences he had committed in the past in the capacity of chairman.

T Kalaiselvan

Advocate, Vellore

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The registrar cannot force you to go ahead with the illegal activities or violating the rules in this regard.

If the registrar is giving any such instructions in writing then you can approach high court with a writ petition against the registrar seeking direction to the registrar to bide by the rules in this regard, before that you may have to exhaust the remedies with the appellate authority, i.e., the district registrar or IG registration in this connection.

T Kalaiselvan

Advocate, Vellore

87731 Answers

2358 Consultations

Talk to Advocate T Kalaiselvan

Dear Sir/Ma'am,

1. As far as the position of Chairman is concerned, you can file a suit for an injunction on the functioning of the chairman due to illegal activities and various offenses committed.

2. the members can approach the registrar of the co-operative societies to file a complaint regarding illegal functions.

3. make sure you approach them with documentary evidence and proof while filing the complaint.

4. the Registrar cannot force you to admit the purchaser. if such an order is passed, you can file an appeal in the court regarding such a decision.

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Anik Miu

Advocate, Bangalore

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- Chairman ceased to exist after selling his flat. A chairman must have a flat on his name.

After selling he cease to have any stand in society even as member so he can not be chairman.

- Further secretary is singing different tune.

Hope you made MOM for AGM where was claiming to resigned sep 2019 which makes issuing NOC as false and forgery.

By this, society can file FIR on society for forgery and fraud.

- Society issue a legal notice to chairman and secretary.

Society can pass resolution in AGM regarding NoC given by society and ongoing investigation by police for fraud and forgery.

Society can pass resolution to collect lawyer fees from secretary and chairman when case will be decided against them.

The buyer have to go to court to get court order.

Society can then take injunction order till police investigation or ask court to order police investigation.

Also, ask judge to issue notice to registrar.

Ankur Goel

Advocate, Bangalore

454 Answers

Talk to Advocate Ankur Goel

1) it appears there is collusion between the chairman and secretary of society

2) common areas of society , servant quarters cannot be sold by the chairman

3) NOCissued by secretary was not placed before MC not approved by members

4) you are justified in refusing to admit purchaser as member

Ajay Sethi

Advocate, Mumbai

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Talk to Advocate Ajay Sethi

If registrar passes order to admit said purchaser as member file appeal against impugned order

2)since purchase has not been admitted as member he cannot be permitted to carry on renovation work in the society

Ajay Sethi

Advocate, Mumbai

97529 Answers

7890 Consultations

Talk to Advocate Ajay Sethi

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NOCs Issued for mortgages, loans

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