Legal Queries

Question:
I would like to know if Society is not giving NOC, can still the flat be sold or purchased? Can we legally ask the Sub Registrar to accept the documents for registration (Sale Deed and other attachments, except NOC of Society)? If He refuses, is he not obliged to give in writing the reason for his so denial to register the sale deed with all the relevant required documents, except NOC? Pls if we get some guidance on such day-to- day issues? -- Kartik

Reply:
Simply submit your request in writing to the secretary of CHS and take an acknowledgement on the copy. If management is non-coperative in receiving your request then opt to send it by Registered mail. Within reasonable time of 30 days a written reply citing the reasons for non-issuance of NOC the Management of CHS has to convey you. If you notice any discrimination that will be a good ground for your to take such society’s office bearers to teach them a lesson once and for all, including you can claim damages for lost opportunity due to non availability of NOC. Unjustified delay in issuing NOC for a bonafide member for a just cause can also be taken seriously by Registrar as well as by courts.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com



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