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Pune Society Issues

Last updated: April 2 2020
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  • Pune Society Issues

    Hi All,

    I have finalized on a resale property and I have done the agreement to sale as well with the seller. Now the society is denying to give us NoC as Society is fighting a court case with the builder and Society's lawyer has advised them to maintain the status quo wrt any NoC for sale-purchase of apartments in the society.

    There are few queries.

    1. If the seller has no dues pending towards society, and is ready to pay the transfer charges, can society deny the NoC, based on the court case between society / builder ? If no, how can we proceed further to obtain the NoC. Talking to the society chairman/secretory has not worked so far.

    2. The builder has not done the conveyance deed so far with the society, and he is ready to give the NoC from his end. He claims that as the Conveyance is not done so far so he only can issue the NoC and not the society. Is that right ?

    3. The bank is ready to give the loan based on builder NoC. If I opt for that and once after the deal is through between me and seller, can society stop me from taking possession as I never obtained NoC from them, or can they deny me the membership ? any other issues that society may raise against me in this case ?

    Please provide your input. this concern is bugging me day and night. As i mentioned earlier, I have already done the agreement to sale and paid a significant amount to seller, so walking out of the deal is not an option for me.
  • #2

    #2

    Re : Pune Society Issues

    first of all my question is that for what reason is there a case registered in court between the society members and builder?

    Can you throw some light on that.. as that would give you much more information ... than we can suggest you the way forward.


    As many times the society may be not formed/handed over to the actual people even if the society is formed and so the people of the society might have filed a case against the builder. Then in that case, the NOC provided by the builder is sufficient.

    But if the matter is something else then on the basis of the data provided by you about the case we can suggest some way forward if we are.

    If you want to know the case details just get the CC number from the builder or the society people. And then you can get the details from your lawyer or the Bank lawyer from where you are taking the loan or even can take out the details by seeking the details from the court against the CC number by writing a letter to the PRO of court under the RTI act.
    Last edited January 22 2013, 05:39 PM.

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    • #3

      #3

      Re : Pune Society Issues

      You are obviosuly stuck in a bad case...legally you can go ahead with Builder NOC ( in any case...bank is recognzing it)

      Only -ve will be that might antogonize society....try to be calm with them...they are much better lot to handle than builders...and in due course they will understand your case

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      • #4

        #4

        Re : Pune Society Issues

        Originally posted by immortal View Post
        first of all my question is that for what reason is there a case registered in court between the society members and builder?

        Can you throw some light on that.. as that would give you much more information ... than we can suggest you the way forward.

        As many times the society may be not formed/handed over to the actual people even if the society is formed and so the people of the society might have filed a case against the builder. Then in that case, the NOC provided by the builder is sufficient.
        The case is for some facilities that builder has not provided in the society, e.g. equipments in the gym are yet to be provided.

        Society has been formed, but as I mentioned conveyance is not done. Not sure if this is also a bone of contention in the court case with builder.

        Originally posted by Baruch View Post
        You are obviosuly stuck in a bad case...legally you can go ahead with Builder NOC ( in any case...bank is recognzing it)

        Only -ve will be that might antogonize society....try to be calm with them...they are much better lot to handle than builders...and in due course they will understand your case
        Yeah.. thanks for advice. However, does society have any legal powers to stop or delay my possession of house after I sort out the funding ?

        Also, I wanted to get the loan from SBI, in fact it is already approved, but due to this NoC issue, not sure if bank will disburse. I may have to go to ICICI or HDFC, because they are ready to take builder NoC.

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        • #5

          #5

          Re : Pune Society Issues

          Conveyance deed has to be done by the builder once society is formed and handed over.

          Many builders shy away from doing this as they loose control over the land once conveyance deed is done. But in no way can a builder fight a case for not signing the conveyance deed.

          The bone of contention must be the Amenities promised but not provided.

          Another one could be the maintenance amount not paid by the residents not transferred to society.

          Talk to the society and sort it out that as they are not giving NOC but builder is ready to give so you are taking that from him to go ahead with Loan processing. They should honor it in the future.

          Listen to what they have to say
          Last edited October 3 2015, 11:43 AM. Reason: Text Formatting

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          • #6

            #6

            Re : Pune Society Issues

            denial of noc

            Originally posted by mittalv2002 View Post
            Hi All,

            I have finalized on a resale property and I have done the agreement to sale as well with the seller. Now the society is denying to give us NoC as Society is fighting a court case with the builder and Society's lawyer has advised them to maintain the status quo wrt any NoC for sale-purchase of apartments in the society.

            The seller is the person who has to get you the noc.it is the duty of seller to obtain all legal papers to complete his side of the deal.
            The Vendor shall obtain the necessary No Objection Certificate from the said Society for transfer, and sale of the interest of the Vendor in the said Society, as well as the right, title and interest of the Vendor in the said Flat to the Purchaser and also to the admission of the Purchaser to the membership of the said Society in place of the Vendor when the sale herein is completed by delivering the vacant and peaceful possession of the said flat to the Purchaser.


            The Vendor shall sign and execute any deed or writing as well as all other papers and documents as may be required by the Purchaser for transferring the said Flat and the said shares to the name of the Purchaser in pursuance of this Agreement and payment of the balance sale consideration.
            These are all standard clauses in every agreement to sell.
            There are few queries.

            1. If the seller has no dues pending towards society, and is ready to pay the transfer charges, can society deny the NoC, based on the court case between society / builder ? If no, how can we proceed further to obtain the NoC. Talking to the society chairman/secretory has not worked so far.
            The society is legally bound to give NOC if there are no dues pending from seller.Even though there is no necessity of society No objection certificate for transfer of flat, according to rule 24 of the Rule 1961, he has to give 15 days notice to society before transferring of flat. On receipt of such notice, the Secretary should place the same before the meeting of the committee and take decision thereof before 30 days and inform such decision to the member within 8 days from the decision of society. If Society has not taken any decision of transferring the share certificate within the 3 months stipulated period as per provision in Section 22(2) there is a provision to appeal before the Register u/s 23(2).
            under model byelaws for sale of flat no NOC of society is required. Legal notice can be considered by seller

            2. The builder has not done the conveyance deed so far with the society, and he is ready to give the NoC from his end. He claims that as the Conveyance is not done so far so he only can issue the NoC and not the society. Is that right ?
            NOC from developer
            In a major relief to flat buyers, the state government has said that there is no need for a no-objection certificate from the developer for sale or transfer of flat (resale) in a fully constructed building. The state housing department has said there was no requirement for NOC under norms mentioned in the Maharashtra Ownership of Flats Act (MOFA). The department has also written to the Inspector general of registration, to ensure that officials in the registration department register sale documents without insisting on the NOC from developers.

            3. The bank is ready to give the loan based on builder NoC. If I opt for that and once after the deal is through between me and seller, can society stop me from taking possession as I never obtained NoC from them, or can they deny me the membership ? any other issues that society may raise against me in this case ?
            No.but if they refuse you have a legal battle ahead which will embitter your relations with people you will have to live along with and meet frequently..

            Please provide your input. this concern is bugging me day and night. As i mentioned earlier, I have already done the agreement to sale and paid a significant amount to seller, so walking out of the deal is not an option for me.
            Ask the seller to refund the money back as per your agreement for failure to fulfill his part of the contract.

            Please note you must consult a good lawyer with experience in COOP matters and property laws.My idea of giving you hints about the rule position is subject to many if and buts,based on actual facts.but by and large what i have quoted is the larger pciture.
            Last edited October 3 2015, 11:44 AM. Reason: Text Formatting

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            • #7

              #7

              Re : Pune Society Issues

              I am no expert of By Laws of Coop Housing Societies. Please talk to someone who has been the Secretary of Society or a lawyer in that area. With this disclaimer here is what I think.


              1. If the seller has no dues pending towards society, and is ready to pay the transfer charges, can society deny the NoC, based on the court case between society / builder ? If no, how can we proceed further to obtain the NoC. Talking to the society chairman/secretory has not worked so far.

              I don't think the Society can deny NOC. There is no ground for them to deny NOC. What objection can the society have for a resale transaction. Party A is doing resale transaction with Part B. So what is the real objection. Just having a court case can't be the ground for denial.
              Just try and find out from a lawyer or Secretary of some other Society. If indeed you figure that they can't deny NOC, don't confront the Society. Can be persuasive. Might take you a while to get NOC.



              2. The builder has not done the conveyance deed so far with the society, and he is ready to give the NoC from his end. He claims that as the Conveyance is not done so far so he only can issue the NoC and not the society. Is that right ?

              Both can issue NOC. NOC is just no objection certificate.
              Value of NOC Depends on who you are giving the NOC to. Most of the places expect NOC from Society if the Society is formed [Even if the Conveyance is not done]
              Some banks might go based on Builder NOC. However after sale deed is done, If you need to change name PMC/PCMC documents for Tax purpose, they might still expect Society NOC.




              3. The bank is ready to give the loan based on builder NoC. If I opt for that and once after the deal is through between me and seller, can society stop me from taking possession as I never obtained NoC from them, or can they deny me the membership ? any other issues that society may raise against me in this case ?

              Society can't stop you from entering the flat. After you get keys and the sale deed is done you can enter the flat. However Society can cause problems like not allowing you to use anything that is run by the society [ common amenities, Tanker water etc etc]. Basically you might end up being a "Society Outcast".

              Please provide your input. this concern is bugging me day and night. As i mentioned earlier, I have already done the agreement to sale and paid a significant amount to seller, so walking out of the deal is not an option for me.

              See, Society can't do anything about your ownership. After sale deed is done you are the owner. However living in that society might be tough.

              Imagine one more scenario. What if you have sell the flat for whatever unknown reason. It will be tough for you to sell this place in emergency.


              Find out more and see what happens. Good Luck

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              • #8

                #8

                Re : Pune Society Issues

                Thanks guys for details responses. Will update later with the decision that I finally make

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                • #9

                  #9

                  Re : Pune Society Issues

                  Reg: Advice and assistance for some society issues

                  Dear Friends,

                  I need some advise about a few issues that members of my society are facing. Some of these issues are related to issues with the construction firm while some are with respect to society members.

                  Any expert(s) who would be kind enough to give me some advise / answer a few queries, please send me a personal message or reply to this post so that I could put my issues before you for your advice.

                  Warm Regards,
                  Nimish Goray

                  Comment

                  • #10

                    #10

                    Re : Pune Society Issues

                    We purchased a flat 11months ago. the builder had asked us to pay 70k as maintenance charges for 2yrs. it's been just 11months now builder is forcing us to take possession of society (since he ran out of funds) and majority members are also interested in taking the charges.

                    (they had manipulated most of owners who don't stay here as well as tenants..all they had planned is to enjoy with society funds .

                    But few members want builder to run society as committed for two years

                    Question is, can that majority group form society without any government process and without our consent and can we take any legal actions since there is no government rules followed.. Also is there any means with which we can dissolve the committee if formed? Your advice can guide and save 200+ flat owners.. thanks in anticipation

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