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Murthy   25 June 2025

Sale of apartment

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 ?



 6 Replies

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.

1 Like

R.K Nanda (Advocate)     25 June 2025

He don't need NOC from builder. 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     25 June 2025

Yes.  It is not necessary from the builder.

1 Like

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.


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