Shop purchase- noc matter

sachin (Querist) 11 May 2012 This query is : Resolved
Dear Expert,

I(B) have purached a shop from seller.
Atcually he(S) has purchased this shop from builder(BU) and he has paid his all dues to him, but possession is not given to first owner.
Now i(B) have paid 90% amount to him(S. now issue is builder (BU) is not giving NOC, he has asked extra money from (S).

In this case i(B) has paid 90% amount, so i want to do registration the same on my name and want to hold 10% while mentioning the 10% amount to be paid once get a NOC and possession to me.

Just i would like to know,
1)Is this correct move? and r
2) Can Registrar allow us registration without NOC?
3) What will be legal aspect in case something will be negative/ agaisnt me?

Regards
Sachin

)

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 11 May 2012
If S files suit for declaration of his tittle then B will loose his rights over the property and so on your investment.

ajay sethi (Expert) 11 May 2012
first obtain NOc from builder . unless builder gives NOC for transfer from seller ptoperty wont be transferred in your name . seller has to pay builder transfer charges .

you should not have paid 90%unless nOc was received from builder

sachin (Querist) 11 May 2012
Dear Expert,

In this case S told us builder has demanded Rs. 50000/- extra as development charges if he sell shop to B me. If get a possion from builder then he will give me possession, so he can save amount Rs. 50000/-.
And he told me to keep 10% amount with you and get the registration done with a clasue 10% amount will be release only after noc & possession.

In this case i have paid 90% amount to him. So for my safety can i do registraion while mentioning this clause.

Kindly advice what step i have to take.

Regards
Sachin

ajay sethi (Expert) 11 May 2012
better pay rs 50,000 extra get shop transfrrred in your name .

even if you get posession from S the builder won ttransfer it in your name unless transfer charges are paid .mere posession si not enough

sachin (Querist) 11 May 2012
Dear Expert,

Thanks for valuable suggetion.

As a layman i am curious that even after registration, developer/ S can claim rights.

Regards,
Sachin