Is Noc required from society to give gift deed
1 month ago
Is Noc required from society to transfer property from mother to son through gift deed?
Property already transferred, but society seeking huge amount (2lakh 65 thousand)as NOC charges to provide few documents.what to do next? Please suggest
A.Dear Client,
Once a gift deed is registered, and a copy is provided to the society, it becomes the society's responsibility to update the donee's name on the reverse of the share certificate. Assuming the society is registered under the Maharashtra Co-operative Societies Act, 1960, and Rules, 1961, it's important to note that there is no legal requirement for a donor to obtain a no-objection certificate (NOC) or any confirmation letter from the society to gift a flat. The Act and Rules do not mandate such documents.
Additionally, in the absence of specific provisions in the Byelaws, a society cannot demand NOC charges from a member gifting their property to family members. If disputes arise, it is recommended to seek an amicable resolution. If resolution efforts fail, bringing the matter to the attention of the Registrar or Deputy Registrar of Cooperative Societies is advised for potential resolution.
Once a gift deed is registered, and a copy is provided to the society, it becomes the society's responsibility to update the donee's name on the reverse of the share certificate. Assuming the society is registered under the Maharashtra Co-operative Societies Act, 1960, and Rules, 1961, it's important to note that there is no legal requirement for a donor to obtain a no-objection certificate (NOC) or any confirmation letter from the society to gift a flat. The Act and Rules do not mandate such documents.
Additionally, in the absence of specific provisions in the Byelaws, a society cannot demand NOC charges from a member gifting their property to family members. If disputes arise, it is recommended to seek an amicable resolution. If resolution efforts fail, bringing the matter to the attention of the Registrar or Deputy Registrar of Cooperative Societies is advised for potential resolution.
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A.Dear Client,
Once the gift deed is registered and a copy of it is provided to the society then the society is duty-bound to enter the name of the donee on the reverse of the share certificate. Assuming that the society in which the flat in question is situated is registered under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961, it is to inform you that there is no requirement under the Act and the Rules mentioned above for a donor (the person gifting the property) to obtain a no-objection certificate (NOC) or a confirmation letter of any kind from the society to gift her flat to any person. Moreover, in the absence of any specific provision in the Byelaws, a Society cannot demand NOC charges from a member gifting her property to her children/family member. If the matter is not resolved amicably, then bring the matter to the notice of the Registrar or Dy. Registrar of the Cooperative Societies for a resolution in the matter.
Once the gift deed is registered and a copy of it is provided to the society then the society is duty-bound to enter the name of the donee on the reverse of the share certificate. Assuming that the society in which the flat in question is situated is registered under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961, it is to inform you that there is no requirement under the Act and the Rules mentioned above for a donor (the person gifting the property) to obtain a no-objection certificate (NOC) or a confirmation letter of any kind from the society to gift her flat to any person. Moreover, in the absence of any specific provision in the Byelaws, a Society cannot demand NOC charges from a member gifting her property to her children/family member. If the matter is not resolved amicably, then bring the matter to the notice of the Registrar or Dy. Registrar of the Cooperative Societies for a resolution in the matter.
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