1 Answer
Dear client,
In fact, what the society is doing is illegal.
The refusal by the housing society to issue a NOC based upon the buyer's religion is in fact discriminatory and contrary to the fundamental rights to equality under the Constitution of India. The society has no legal basis to refuse to allow a buyer to purchase property merely because he is a Muslim.
The society must process the transfer request of an applicant as long as all required documents have been submitted and there are no outstanding dues. The society must not ignore or fail to respond to requests made by the applicant for the NOC. Inappropriately refusing to grant an NOC based on a buyer's religion can be a type of discrimination and harassment to the buyer.
As the buyer, you may take one or more of the following actions:
1) Send a formal legal notice to the society demanding that it issue the NOC on or before a specific date.
2) File a complaint with the Deputy Registrar of Co-operative Societies in your area. The Deputy Registrar has the authority to direct the society to issue the NOC and to accept the proposed transfer of property.
3) Consult with the Co-operative Court as necessary.
Keep all records of e-mails, text messages, and documents sent to the society supporting your contention that the society has ignored or refused to provide you with the NOC you have requested. Your right to sell your property cannot be prevented simply as a result of the society's disagreement with you.