Sale of House in Society without mandatory NOC
3 months ago
Our housing colony has been developed by a Society (regd under the Societies Registration Act) which develops housing colonies for a class of people in different places all over India. As per a condition in the Sale Deed and as per affidavits and undertakings obtained before allotment of individual units for purchase, the buyers have been enjoined to obtain NOC before sale of their house. But a member has executed and registered a Sale Deed for Sale of his house in the Society WITHOUT NOC. Can any action be taken in the matter now?
A.Dear Client,
In the situation where a member has executed and registered a Sale Deed for the sale of his house in the Society without obtaining the required NOC (No Objection Certificate) as per the conditions in the Sale Deed and related documents, the Society may take the following actions:
1.Issue a Notice:The Society can issue a notice to the member who executed the Sale Deed, highlighting the violation of the terms and conditions, and requesting an explanation for the non-compliance.
2.Inform the Registrar of Societies:The Society can bring this matter to the attention of the Registrar of Societies, providing details of the breach of the sale conditions and seeking appropriate action.
3.Legal Remedies:Depending on the gravity of the violation, the Society may explore legal remedies. This may involve taking the matter to a civil court to seek remedies such as cancellation of the unauthorized sale or any other relief deemed appropriate.
4.Community Resolution: If feasible, the Society can also attempt to resolve the matter through community discussions or dispute resolution mechanisms within the Society, encouraging the member to rectify the situation voluntarily.
It is crucial to review the specific terms outlined in the Sale Deed, affidavits, and undertakings to determine the exact nature of the obligations and consequences for non-compliance. Consulting with a legal professional can provide guidance tailored to the specifics of the case and the applicable laws in your jurisdiction.
Thankyou
In the situation where a member has executed and registered a Sale Deed for the sale of his house in the Society without obtaining the required NOC (No Objection Certificate) as per the conditions in the Sale Deed and related documents, the Society may take the following actions:
1.Issue a Notice:The Society can issue a notice to the member who executed the Sale Deed, highlighting the violation of the terms and conditions, and requesting an explanation for the non-compliance.
2.Inform the Registrar of Societies:The Society can bring this matter to the attention of the Registrar of Societies, providing details of the breach of the sale conditions and seeking appropriate action.
3.Legal Remedies:Depending on the gravity of the violation, the Society may explore legal remedies. This may involve taking the matter to a civil court to seek remedies such as cancellation of the unauthorized sale or any other relief deemed appropriate.
4.Community Resolution: If feasible, the Society can also attempt to resolve the matter through community discussions or dispute resolution mechanisms within the Society, encouraging the member to rectify the situation voluntarily.
It is crucial to review the specific terms outlined in the Sale Deed, affidavits, and undertakings to determine the exact nature of the obligations and consequences for non-compliance. Consulting with a legal professional can provide guidance tailored to the specifics of the case and the applicable laws in your jurisdiction.
Thankyou
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