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Selling a flat when the society has formed but the conveyance is yet to happen!

Querist : Anonymous (Querist) 28 September 2011 This query is : Resolved 
I have a flat in Navi Mumbai. The Society has been registered but the conveyance is still pending.

Now, is it true that the builder has to give his no objection and we have to give him the transfer charges + we have to also give the transfer charges to the society.

Moreover, if the buyer has to apply for Housing loan would there be a problem for him since the conveyance is not done?

We also understand that the Government body/authority CIDCO can give a letter which is sufficient for banks to issue the loan!

Please advise!







ajay sethi (Expert) 28 September 2011
no . once society is formed society can transfer flat no NOC of builder is necessary . trnasfer charges of rs 25,000/ has to be paid tot he society .

no problem if conveyance not done .the society has to give NOC that it has no objection to member taking a loan
Raj Kumar Makkad (Expert) 28 September 2011
CD is must for be executed but this is not a bar to obtain bank loan. After formation of society, the role of builder exinguishes.
prabhakar singh (Expert) 29 September 2011
I agree with Mr. Sethi as well as Mr.Makkad.Both have correctly opined.
Querist : Anonymous (Querist) 29 September 2011
I've clarified with the society members and they say that we need to pay Rs. 50,000/- to the society.

As per bylaws maximum is Rs. 25,000/-. There are many societies who demand just Rs. 15,000/-.

Please let me know if we can write to Registrar of Societies and pay Rs. 25,000/-?

Kindly advise!


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