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Neo (Consultant)     21 October 2010

Is NOC needed from Builder if society is not yet formed?

I am selling my flat, bought 2.5 years ago. Till date, the society is not yet formed and builder is slowly..very slowly completing minor work like painting the compound and all.

Now, I have paid the property taxes, maintenance charges and all and there are no dues from my side to the builder. I want to know, do I need a NOC document from builder to sell my property?? I very well know the greedy builder and do not wish to pay a single penny to him now.



Learning

 9 Replies

Bharatkumar (ADVOCATE )     21 October 2010

The builder give a NOC for sale your property on name of Company / Partnership firm / Any type of Society / Association letter head. 

Adit pal (consultant)     02 November 2010

I did'nt understand your answer. My question is - I don't want to pay 1-2 lacs to the builder for NOC. What is the legal way of obtaining same?

mukund d gosavi (lecturer)     02 December 2010

If you have purchased the flat by paying full amount of flat/total consideration and taken the possession of the flat getting possession letter It is not necessary get no objection certificate from builder for selling the flat especially when the buyer is paying the price of flat without applying for housing loan Generally noc is required to financial institution for disbursing housing loan to the buyer. Builder takes  undue advantage of it by incorporating clause in the agreement restricting the right of flat owner to sell the flat before registration of the society. MOFA Rules state the draft agreement between builder and flat purchaser It may be referred for the purpose  

Kanaksinh P.Boda (Educationist/Lawyer)     03 December 2010

If the list of members is reported by the Builder having the name of the first owner, it is possible that he may creat problem in reporting the name of the second owner, as the matter is still in his hand. Legally he is not suppose to charge anything for such atransfer. If some how, it can be proved that the Builder had taken money for transfer he can be brought to the book of law.

pravin (executive)     23 November 2011

Dear Sir,

 

I had saw your ans in vakil disk blog. Since I had same quaction for my property.

 

My brother had purchased 1 flat at mahan valley badalapur (W) @ 15,65000/- . in feb-11. In 25-Aug-11, I also buy a flat in Bhandup (W). the amount was high so I joined my brother name for the loan purpose. Since my brother having loan for badalapur flat my bank asked me for clearing the same get disbursement for the bhandup flat. So we decided to sell badalapur property. We tell the builder the same. He told us in 15 lakhs he will buy the flat. So we search the another buyer for the same. One agent had search one person for the buying the flat at 17,50,000/- we agreed for same.

 

Now the builder asking 2 lakhs for giving NOC. The buyer also want the NOC for loan purpose. At same my builder & Bank also giving pressure on me for final repayment.

 

Pls gide.

pravin (executive)     23 November 2011

Dear Sir,

 

I had saw your ans in vakil disk blog. Since I had same quaction for my property.

 

My brother had purchased 1 flat at mahan valley badalapur (W) @ 15,65000/- . in feb-11. In 25-Aug-11, I also buy a flat in Bhandup (W). the amount was high so I joined my brother name for the loan purpose. Since my brother having loan for badalapur flat my bank asked me for clearing the same get disbursement for the bhandup flat. So we decided to sell badalapur property. We tell the builder the same. He told us in 15 lakhs he will buy the flat. So we search the another buyer for the same. One agent had search one person for the buying the flat at 17,50,000/- we agreed for same.

 

Now the builder asking 2 lakhs for giving NOC. The buyer also want the NOC for loan purpose. At same my builder & Bank also giving pressure on me for final repayment.

 

Pls gide.

amchi.tambe@yahoo.co.in

Krishnan lakshminarayanan (None)     23 April 2013

Dear Sir,

Is NOC required for a owner of the flat in a housing complex for sale of his flat which is not yet registered and is under the builder.? Pl gived your reply at the earliest. I understand the builder is charging hefty amount for issuing the NOC.

Pl clarify.

armayank (proprietor)     02 December 2014

Why is still Builder's NOC required for disbursment of Home loan. If I am submitting the Original Agreement, it is implied that there is no charge/lien created on the property.Moreover if I give an Indemnity Bond to the bank that there is no charge created on my  property , it should be good eanough title to disburse Home loan.

Ranjan   30 July 2018

hi,

I have my flat at Pune. It has already 3 yrs passed after possession, but builder is not reforming society. Now I want to sell my flat. For this builder asking me 4L to pay in cash and he will not give me any evidence of this. When I asked him about receipt of the same, he is denying it. He is saying, no receipt will be given for this. I have not made any payment to him for this. I would like to get some more information on this forum, if there is any law where I can send notice to the builder for his act. I have read through MOFA (Maharshtra Ownership Flat Act 1963), there is no such rule to pay the builder for the NOC. I already have informed the builder that I will knock the door of Consumer court. But before going there, seek some advice from Law experts. Apprceiate for your guidance and support. 


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