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Noc for leave and license

(Querist) 28 May 2013 This query is : Resolved 
We got possession of our flat in Navi Mumbai in October 2012, and we want to give it on leave and license, but society is not yet been formed, and maintenance is given to builder. To obtain NOC from builder for to rent out our flat is it legal for him to demand any charges? Do we need to give him details of our tenant or only to the police? Can he charge more than 10% of the maintenance charges from us?
ajay sethi (Expert) 28 May 2013
you have to inform builder of giving flat on leave and license . take his consent . have police verification done of licensee.
sanjeev murthy desai (Expert) 28 May 2013
Dear Mr. Devaraj,

Please cheque your sale Deed if the sale deed indicates any specific clause with regard to the NoC or Consent from the Builder then you should otherwise Builder consent is not required generally.
devraj (Querist) 28 May 2013
Thank you very much for the clear replies. There is no such NOC clause in our agreement. So here is my decision: I am going to rent it out to my colleague, but we have decided mutually to do all the required formalities like registering the agreement, police verification and rent payment by cheque. After all this I will send a letter to the builder saying that I have given the flat on rent following all formalities to Mr. Rane. Is this appropriate?
ajay sethi (Expert) 29 May 2013
inform the builder in advance that yoiu are giving flat on leave and license . wait for his response . then give flat on leave and license
Raj Kumar Makkad (Expert) 29 May 2013
No more to add in the given replies.

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