Sale of flat when society is yet to be registered

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

Mr.Girish,

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

Best Regards

Daksh

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.

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

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

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

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.