My cooperative housing society in Bareilly has refused to give me a no-objection certificate for sale of my flat, what can I do?
VI Asked by Vinod Mehta from India
Quick Answer
A cooperative housing society cannot arbitrarily refuse a no-objection certificate for sale of a member's flat if the member has cleared all dues.
Detailed Legal Analysis
A cooperative housing society cannot arbitrarily refuse a no-objection certificate for sale of a member's flat if the member has cleared all dues. In Bareilly, you can file a complaint with the Registrar of Cooperative Societies if the society refuses to issue the certificate.
The Allahabad High Court has held that a society must act in accordance with its bye-laws and cannot withhold a no-objection certificate without valid reason. Uttar Pradesh Rent Control Act 1972 may prescribe the procedure for filing a complaint with the Registrar.
You must clear all dues to the society and submit the application with the prescribed fee. The society must consider the application within the time prescribed by the law.
If the society refuses, you can appeal to the Registrar of Cooperative Societies. If the Registrar does not provide relief, you can approach the Allahabad High Court in a writ petition.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.