Sir, firstly it appears that the RWA is wrong for not issuing the NOC. You are correct that the RWA can't refuse to provide the NOC for no reason. There are bye laws of RWA which the RWA has to adhere to and can't violate the same. As far as written legal opinion is concerned you have to approach the advocate of your choosing on this platform based upon the answers you receive. The fees depends upon advocate to Advocate. Choose wisely.

Good luck!

The act of society is contrary to law. Society cannot refuse to give NOC. 

You can engage lawyer for giving legal opinion 

2) legal fees vary depending upon lawyer engaged by you 

3) society should mention reasons for refusal to give NOC 

- As per rule , an NOC from the society is required  by the owner of the house before selling his home, because this certifies that there are no dues on the society by the seller..

- Further a NOC also needed for availing a loan from a bank or any other financial institution, and also a purchaser some times required the same. 

- Hence, if there is no dues pending , then the society cannot refuse to issue NOC to the owner of the house. 

- You can send a legal notice to the society for getting the same. 

The society cannot refuse to furnish NOC to sell your property which will be against your rights over your property. 

You can issue a legal notice to the society and demand explanation for their reluctance and also  for the mental agony you suffered because of this and can warn them of the legal consequences. 

Dear Client,

In the Present Scenario, you have a house in a co-operative housing society in New Delhi. You want to sell the house but the management committee is refusing to give NOC for sale, though you do not have any outstanding dues as well. You feel that a society may only refuse to give NOC when there are some pending dues or there is a legal dispute on the ownership of the property. Herein, firstly, under the Delhi Cooperative Societies Act, a society cannot refuse a NOC to a member who wishes to sell the property. It may refuse only if there are outstanding dues, there is any legal dispute happening, or there has been a violation of the society rules. However if none of them applies to your situation, they may not refuse the NOC. Therefore, it is suggested that a formal written request is made to the society, and the same is documented for evidence purposes, requesting a reason to be mentioned for the refusal. On failure to do the same, you may send a legal notice to the society, and even file a complaint in the Consumer court.

Hope you find this answer beneficial for resolving the dispute.

You are correct, society/RWA can refuse permission only if there are any dues or legal dispute. Issue a lawyer's notice of your intention seeking intimation of permission within specified time, sating if no such permission is given within that period it will be presumed that you have permission to sell the  property. Mention earlier request for permission and failure to RWA to respond you without any valid reason. This will solve your problem.

Mr. Chirag,

These cases are very common in various Courts of India. I can understand your concern in this regard. My team has dealt with various disputes of such nature. As you know that many a times, obtaining a NOC is essential to ensure a seamless and legally compliant sale procedure. This certificate serves as the society’s official declaration that the property seller has complied with all requirements, including following all laws and guidelines and paying any unpaid fees.

You can issue a legal notice through lawyer in this regard. Notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party to heel, and the problem is often resolved out of court, well before it goes to trial, with fruitful discussions on both sides. However, if the other party is still unheeding the grievance, one can always start the court proceedings. The bottom line is that it can serve as a point of reference to embark upon negotiations between two parties and save both the time, effort, and money that is usually spent in court cases.

Detailed discussion is required in such cases with relevant documents.

You may contact my secretary to connect with me for clarification.

• Legal Basis for NOC: The society can only refuse an NOC if there are unpaid dues, a legal dispute on ownership, or a violation of society rules. If none of these apply, they cannot legally deny the NOC.

• Steps:

  • 
    Formal Request: Submit a written request for the NOC, asking for a reason in case of refusal.
  • 
    Legal Notice: If they still refuse without valid grounds, send a legal notice demanding the NOC and mentioning potential legal action for non-compliance.

• Further Action: If unresolved, file a complaint with the Cooperative Society Registrar or Consumer Court.

You don’t require noc for selling your flats. You can sell the same without noc. Only the dues has to be paid. If noc is not given without any reason or frivolous reasons you can approach Dy registrar of cooperative societies and complain about the same