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Society won’t give NOC to sell my flat

What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).

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Your situation

What is the dispute about? NOC, share certificate or transfer refused

Where you stand

In your favour Societies generally cannot block a sale by refusing an NOC when the bye-laws do not require one.

Papers to gather

Sale deed / allotment letter and share certificate
Membership is the basis of every claim. Where: Your property file.
Society bye-laws and any registration certificate
Most disputes turn on what the bye-laws allow. Where: Society office; Registrar’s office.
Your NOC or transfer application and any refusal
Shows unreasonable refusal. Where: Your sent letters/emails.
Your letters/emails to the committee and their replies
Required before going to the Registrar. Where: Your email.

You may also need, depending on your answers

Write to the committee and ask for a reply within 15 days — Most authorities expect this step.

What the law says

Co-operative housing societies are governed by your state’s Co-operative Societies Act and the society’s bye-laws; disputes go to the Registrar or a Co-operative Court. Apartment owners’ associations are governed by state apartment ownership laws. A society cannot refuse a sale NOC or charge transfer fees beyond what the bye-laws and state rules allow. Where you pay for services, a Consumer Commission may also hear the complaint.

General information, not legal advice.

Saboot will also ask

What kind of body runs your building?
Are you the flat owner?
Did you raise it in writing with the committee?

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Similar situations

Sources

The full guide: Housing society or RWA dispute — maintenance charges, NOC, parking, repairs or elections · All situations