My cooperative housing society in Srinagar has refused to give me a no-objection certificate for sale of my flat, what can I do?
AS Asked by Ashok Yadav 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 Srinagar, you can file a complaint with the Registrar of Cooperative Societies if the society refuses to issue the certificate.
The Jammu and Kashmir 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. Jammu and Kashmir Rent Control Act 1966 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 Jammu and Kashmir High Court in a writ petition.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.