X wants to sell a flat where he resides from 10 years which was gifted by his mother under a regd gift deed in a residential project at Bangalore .
Does he have to obtain NOC from.builder of the apartment complex where he is residing ?
Advocate Bhartesh goyal (advocate) 25 June 2025
Since X received the property/flat from his mother through registered gift deed and became absolute owner of flat thus being an absolute owner of property X has every right to sell/transfer the flat to anyone and he need not to take any NOC from his mother.
R.K Nanda (Advocate) 25 June 2025
He don't need NOC from builder.
kavksatyanarayana (subregistrar/supdt.(retired)) 25 June 2025
Yes. It is not necessary from the builder.
T. Kalaiselvan, Advocate (Advocate) 26 June 2025
The builder has got nothing to do with the flat, especially after completion of the construction and handed over possession to the owner/buyer.
It is his absolute and own property hence he do not have to obtain NOC from anyone to sell the flat, however if there is a registered assocation then he may have to obtain NOC from the residents welfare assocation.
Murthy 26 June 2025
Thanks for valuable opinions
Dr. J C Vashista (Advocate ) 26 June 2025
Very well advised by learned senior experts, I endorse and appreciate their acumen.
How and where is the question / doubt to obtain NOC from builder for the property acquired by way of gift ?
In the instant case you are absolute owner of the property and there is no role, interest, claim, title or possession of builder, accordingly you can dispose it of to any one of your desire.