Transfer of tenant flat of a newly redeveloped building
Jaishankar M. Talreja
(Querist) 19 October 2017
This query is : Resolved
I am purchasing a tenant flat in a newly redeveloped building in Mumbai (Part OC - October 2017, Possesion Letter by developer to tenant - October 2017, Society registration- September 2017). The builder has not yet handed over the affairs of the society.
While I have satisfied myself that NOC from developer is not required after going through the development agreement between the developer and tenant, my concern now is section 29 of the Maharashtra cooperative societies act which restricts transfer for one year . The Society registration certificate classifies it as a housing society with subcategory of tenant cooperative Housing Society.
Can the tenant transfer the flat to me at this stage without violating any provisions of the Maharashtra cooperative society is act or otherwise in a manner that does not cause me trouble at the time of transfer once the builder has handed over to society (which as per MahaRERA is 3 months)?
Jaishankar M. Talreja
(Querist) 20 October 2017
Happy to engage n pay a local lawyer who is an expert on Maharashtra Cooperative Societies Act n Redevlopment matters
Kishor Mehta
(Expert) 21 October 2017
The Society can not be termed absolute owner till the builder/developer [1] gets OC from the MCGM, [2] hands over the property to the society. Under the circumstances the builder/developer remains the owner and an NOC from him is necessary. The MCS Bye-Laws come into force only after the society is handed over the possession of the property.
Rajendra K Goyal
(Expert) 21 October 2017
Agree with the advice from expert Kishor Mehta.
Jaishankar M. Talreja
(Querist) 23 October 2017
Thanks so much for the reply (expert Kishor Mehta). Based on the earlier advice on this forum, I engaged n paid a local lawyer who has given me a WRITTEN OPINION after going through the agreement between the tenant and developer, Part OC n Society Registration Certificate - that NOC from builder is NOT REQUIRED for the seller to sell this flat.
However you are recommending taking the NOC from developer as a LEGAL or PRACTICAL necessity ( because the tenant informed me that the builder has made unreasonable demands up to 10 lakh rupees in cash for giving NOC in the past to other tenants)?
