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Venkatesh   26 October 2017

Is noc required from builder for a resale flat ?

Dear Sirs,

 

I am purchasing a resale flat in an apartment. The owner of the flat is registered flat as an undevloped flat almost 3 years ago. Now the apartment construction is done and OC also got. It is understood that there is some curpus fund and two years annula mainataince required to pay for that flat which goes to society after formation. We have discussed deal including all this. Now builder is saying we have not recived that payment from the previous owner and seller is saying that builder is saying builder supposed to give some amount to them (Almost equal to this amount) which they can obsorb on th same. What we should do on this situation? We are asking to get an NOC from builder. Builder is saying, we don't give any NOC in genral for any. Is getting NOC is legal? or Is it better to take any payment recipts from them?



Learning

 5 Replies


(Guest)

Yes sir. Regards, Balachander Reddy Advocate, Mobile# 9959850723, HYD.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 October 2017

If you are in Maharashtra and if a co-operative housing society is formed you have to get NOC from the Society. If the Society refuses NOC, it has to give valid reason for the same. Somrtimes societies refuse NOC without valid reason. In such cases if the aggrieved member complains to the registrar, he will ask the Society to give reason for refusal. If no valid reason is given the registrar can order the transferee admitted as a member.  In your case the society is yet to be formed. I suggest that you apply to the builder to give NOC. If the builder refuses NOC without valid reason, you file a complaint before the consumer court under "Unfair Trade Practice" by the builder. The consumer court will decide the case on merits.

Venkatesh   31 October 2017

This is in Hyderabad

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 October 2017

You can go to consumer court in Hyderabad also. The principle is that any refusal cannot be arbitrary. If you are sure of yourself and is prepared to take risk, you can purchase the flat, occupy it and then fight in the consumer court. But all that I stated should be complied with.

Ranjan   31 July 2018

may I know what is the use of Builder NOC in case of resale of flat where housing society has not formed. I discussed with financila institutions where they said they don't require NOC to disburse the loan amount to the buyer. Then what is the use of this NOC in future? Kindly advice on this.


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