Girish Hodlur (Analyst) 16 August 2010

Sale of flat when society is yet to be registered

I had purchased a flat in April 2008 and got the possession in Jan 2009 and since then I am staying in the flat. For the past six months an adhoc committee is functioning for day to day society maintenance since the builder is yet to register the society.

I intend to sell the flat to one of my cousins for which I need to know what legalities are involved. Should I take a NOC from Adhoc society or from the builder. What are the bye laws regarding the amount payable to either the builder or adhoc society in case a NOC is to be taken.

Also if the sale is done before the society is registered, will the share certificate be issued to the new owner. Will the documents enclosed in the original agreement copy be valid for the new sale agreement? I had purchased the stilt parking from builder at a later date for which I have an allotment letter. Can the parking also be included in the new agreement? Will such an agreement be valid when the society is registered

Pls advise.

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7 Replies

Daksh (Student) 16 August 2010

Mr.Girish,

At present the ownership of the flat vested with you by virtue of being member of the society as such it is advisable that financial part apart you should see the articles of association of the society and accordingly by complying the requisites seek replacement of your cousin in your place.

Best Regards

Daksh

Daksh (Student) 16 August 2010

Mr.Girish,

Ooops I forget to mention that the requisite permission from the society's office bearers is also mandatory.

Best Regards

Daksh

Girish Hodlur (Analyst) 16 August 2010

Daksh,

Since the society is yet to be formed by the builder, I guess I am not the member of the society as of yet. The adhoc society which is formed is not registered, but formed to maintain the building utilities till the time the builder forms and finally hands over the society.

So in the absence of any society membership, do I need to intimate the adhoc society office bearers regarding the flat sale or take the NOC directly from the builder since he is still responsible for the building.

(Guest)

without registration of society who is going to NOC to you. in this case builders NOC is must. Adhoc committee dont have power to issue NOC

bhagwat patil (Property due diligence 9422773303) 17 August 2010

builders noc is required.if it is not possible mention all facts in sale deed.and register it.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 17 August 2010

In property matters out of ten points nine points is possession and one point is all else.

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krantiveer (Advocate) 19 August 2010

You may be in possession by agreement, society may be formed later by the builder or by the members. NOC of builder is necessary in absence of society. The builder has to agree to give the new purchaser all the benefits if society or apartment is formed at a later stage. Purchase of parking space later is no problem but letter is not sufficient registration and payment of stamp duty is necessary. Letter of unregistered society makes no sense.