Shriram (Director) 15 December 2013

Buying a housing society property

Hello All -

I need some clarification about buying a housing society property (L&T Employees cooperative house building society). The housing society had assigned the vacant plot to Mr. X in 1994 and the following conditions were also listed in the deed of conveyance.

1. The PURCHASER shall not be entitled to assign, mortgage, sub-let or part with the possesion of the whole or any part of the said plot without the previous permission in writing of the VENDOR society.

2. The PURCHASER shall construct a residential house for which purpose only the said plot is allotted and conveyed within a period of five years from the date of execution of this deed.

Later in 1997 Mr. X sold this property to Mr. Y through a registered sale deed. But Mr. X did not provide a NOC to Mr. Y. Now I am interested to buy this vacant plot. What are the documents that I need to get to stay out of any troubles in the future.

Thanks in advance,

Shriram

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3 Replies

adv.raghavan (Advocate,9444674980) 25 December 2013

The clauses are very clear u have to get prior approval from the vendor society, so sale of X TO Y ,had taken place without the approval of vendor society that itself is null and void and where the question of buying it from Y

Shriram (Director) 26 December 2013

Thank you Sir for your reply.

But the sale to Mr. Y has happened in 1997 paying all necessary registration fees legally. Would a NOC from the society indicating no objection for the previous sale Mr.X to Mr.Y and then from Mr. Y to me suffice? There are a number of people who have acquired the plots by just getting a NOC.