SAGAR 21 June 2023

Noc for flat_ from the society

Hello, I am sagar. purchasing a new flat from the builder, (Taking bank loan, Building construction complete in 2012 and Society formed). Now i want to know is it necessary to received NOC from the society? I discussed with the builder and secretary regarding to the dues , they told me there is no due on the flat.

But there is no written confirmation from the society...

My question is-

Society NOC required, or they create problem in the future.

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Quick Summary

When purchasing a new flat, even if construction is complete and the society is formed, it's crucial to understand the requirement for a No Objection Certificate (NOC) from the society. While some sources suggest it's not legally mandatory for share transfer, obtaining written confirmation of no dues is highly recommended to prevent future complications. Consulting a local lawyer for legal opinion is advised.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 21 June 2023

You can proceed with the purchase after obtaining a legal opinion from a local lawyer who will take care of all such issues and would recommend if everything is alright.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 22 June 2023

No Objection Certificate (NOC) is not required from the society for sale of one's flat. Model Bye Law 38 (d) provides that NOC of the society is not required to transfer the shares and interest of the transferor to the transferee

P. Venu (Advocate) 22 June 2023

Any suggestion depends upon the bye-law of the Society and the law under which the Society is registered. Any how, it is the obligation of the seller to execute and register and execute the conveyance deed.