Gaurav (Analyst) 01 June 2014

Society asking for builder possession letter to give noc

Hello,

I had purchased a flat from an investor in 2009. Investor had purchased it from builder. When I purchased flat it was ready to move. Co-operative society is formed 2 weeks after my purchase of flat. I am also a first share holder of society. I also have a housing loan going on on this property for which builder has given NOC.

Now I want to borrow a top up loan for home improvement. And to avail loan Bank need NOC from society. When applied for NOC, I was given a reason that, I have not provided Possession letter from Builder to society, hence society can not give me NOC.

Since, I have not purchased property from builder, builder had not given me possession letter and I could not recall recall if any such letter is provided to me by previous owner.

My queries are:

* I am staying in this society since 2009 and member of society, Why Builder Possession Certificate is so important to get NOC?

* If there are no society maintenance dues from my side and I am share holder of society. Can society still put my NOC request on hold, just because Builder has not provided possession certificate?

Reply Follow

3 Replies

Kishor Mehta (CEO) 02 June 2014

Sir,

[1] If a Society is formed for your building, [2] if you have a registered document for the flat in your name, and [3] if you are in possession of a valid share certificate from the society in your name, then the NOC from builder is not necessary. You are a full fledged member of the society and the society authorities are bound to give you the no objection.

Good Luck,

Kishor Mehta

Gaurav (Analyst) 02 June 2014

Thanks Kishor for instant reply.

One more follow up question.

In case society board members still ask me to give possession letter, What further steps I should take from my side.

If I am right, I can not produce hard copy of your reply to society... What would be your advice in handling this situation?

Kishor Mehta (CEO) 03 June 2014

Sir,

Usually the allotment letters are granted to the individual members by the society after its formation.

However, address the society an official application, stating therein that you are a legal member of the society, [1] in possession of flat no. [details of the flat]; [2] possessing share certificate no.[state details of the share certificate]and [2] a legal registered document for the flat in your favour [state the details of the document], and request the society to grant you a no objection certificate [stating the reason for the no objection certificate]. Let the society refuse your request in writing, then you can proceed legally against the society for non-cooperation without valid reason.

Good Luck,

Kishor Mehta