NOC rider has city flat owners in a fix

Ramkrishan Upadhyay   
Tribune News Service   
Chandigarh, October 6

The condition of  an NOC for  the transfer  of flats  has  put  hundreds of  flat owners in group  housing  societies   in a fix. A large number of residents  have been running from pillar to post to get the NOC for transferring flats  as the condition  had earlier been  waived   in the   transfer  policy announced   in  2018.

Kamal K Sharma, a former vice-chairman  of Housefed and former chairman  of Chandigarh  State  Cooperative Bank, in a representation to  UT Adviser Manoj  Kumar  Parida, has sought  his  intervention to  end the  “harassment”. Sharma said the Sub-Registrar, UT, did not permit owners of flats of freehold societies to execute the sale deed/transfer deed/deed of family transfer without NOC/permission from the Registrar, Cooperative Societies, UT, which was violative of  the transfer  policy.

He said as per provisions of Clause 5 (a) of the “Chandigarh scheme for transfer of flats/dwelling units in co-operative house building societies, 2018,” which was notified on November 14, 2018, it was specifically  mentioned  that “in the case of AWHO or freehold societies, no NOC is required”. After the  decision of the  High Court and the Supreme  Court, the UT Administration and the Chandigarh Housing Board also took a decision that an NOC was not required for the sale of freehold properties. The Punjab and Haryana High Court, in  the  case of Amritpal Singh vs Chandigarh Administration and others”, held that no NOC was required for effecting the sale of freehold properties. Later, the Supreme Court also  upheld the  decision. 

He said the Registrar, Cooperative Societies, UT, as well as the Sub-Registrar, UT, were wrongly forcing members of freehold societies to get permission from the office of the Registrar, Cooperative Societies, for executing the sale deed/transfer deed/deed of family transfer. He said even the no-dues certificate was to be issued by the respective societies, and not by the Registrar, Cooperative Societies, UT, as the latter had neither allotted land nor the flats.