LawRato

delay in issuance of NOC for more than 6 months


18-Aug-2026 (In Property Law)
i bought a flat and all my documentation/process and necessary dues had been cleared in the month of february and i had since been requesting the society to give me the noc. Its been six months and they said that they can only issue it after a (AGM/SGM) meeting. now the meeting is not being scheduled and it keeps getting delayed and they are not issuing it to me without the meeting and ive been told that the meeting is is going to be held "this month/next month". is there a clause in my favor?
Answers (5)

Answer #1
974 votes
If this is a Maharashtra co-operative housing society, the society generally cannot keep your NOC pending indefinitely merely by repeatedly saying that an AGM/SGM will be scheduled. The model bye-laws provide that an NOC, when requested, may be considered by the Committee within one month, and transfer applications have prescribed timelines. You can send a written legal notice to the Secretary/Chairman demanding the NOC and, if they still delay, approach the Deputy/Assistant Registrar of Co-operative Societies for appropriate directions.
Helpful? LawRato LawRato
Advocate Riddhi Pratap Bothara

Adv. Riddhi Pratap Bothara

LawRatoPune | 5+ Answers
Chat with Advocate Riddhi Pratap Bothara Chat 
Answer #2
981 votes
Yes, there may be a remedy. If all your documentation and formalities have been completed, the society cannot keep delaying the NOC indefinitely merely because the AGM/SGM has not been scheduled. The exact position, however, depends on the society’s resolution and the purpose of the NOC. You can issue a written request asking them to either issue the NOC or specify the bye-law/provision requiring the meeting. Is it NOC or share certificate or transfer ?
Helpful? LawRato LawRato
Advocate Shriya Mehta

Adv. Shriya Mehta

LawRatoMumbai | 5+ Answers
Chat with Advocate Shriya Mehta Chat 
Answer #3
871 votes
Yes you can read the clauses or just simple send me the copies, I shall be contacting you post this and you can definitely reach out to me as well.. We need to figure out a clause in your sale deed, it is also a moral duty of your seller to get you the same..
Helpful? LawRato LawRato
Advocate Parth S Barot

Adv. Parth S Barot

LawRatoMumbai | 5+ Answers
Chat with Advocate Parth S Barot Chat 
Answer #4
810 votes
An NOC for the purchase of the society can be given with the approval of the Managing committee or with the consent of the Secretary and chairman of the members are less, a society need not to wait for the whole year for an agm to give NOC, agm is meant for formal and final transfer of shares certificate of new members after the approval of members formally in the context of the sale of the flat, that share certificate too can be provisionally signed by approval of managing committee, for loan purpose
Helpful? LawRato LawRato
Advocate Moksh Jain

Adv. Moksh Jain

LawRatoMumbai | 100+ Answers
Chat with Advocate Moksh Jain Chat 
Answer #5
578 votes
You need to file an application before the deputy registrar of cooperative societies and get an order directing the society to issue that noc. that's the fastest way. you need to request the society in writing to prove delay on their part
Helpful? LawRato LawRato
Advocate Smith John Colaco

Adv. Smith John Colaco

LawRatoPalghar | 5+ Answers
Chat with Advocate Smith John Colaco Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Property lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato