Can the society impose some pre-conditions or deny the NOC if all dues are settled?

We purchased a property in Mumbai Borivali village. All dues are paid, and the transaction is registered. The bank requires a specific NOC, and the society provided a standard NOC for registration. Now, the society is denying the bank NOC unless we, the buyers, sign an undertaking with conditions not imposed on existing members, such as restrictions on construction and indemnification for potential losses. We are not yet society members and are being unfairly asked to sign this undertaking. Can the society impose such pre-conditions or deny the NOC if all dues are settled and rules followed by the seller?

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 30 Oct 2024

The society cannot impose such pre-conditions or deny the NOC if all dues are settled and the transaction is registered. As buyers, you have the right to receive the NOC required for bank financing, especially since the seller has complied with all necessary payments and requirements. You should communicate your concerns to the society, emphasizing your rights as prospective owners. If the society continues to deny the NOC, you may need to consult a lawyer to seek legal remedies, including filing a complaint with the registrar of societies.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 29 Oct 2024

If all your dues are clear, the society is bound by law to provide you with an NOC.

Admin
Advocate By LEAD INDIA Answered: 19 Sep 2024

Sir, firstly you should review the society bylaws and rules to confirm the conditions imposed on new members and it is found that society demand is unethical then you can challenge this situation legally with help of an expert lawyer. For further legal assistance contact us on our helpline number.

 

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