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Jayesh (job)     29 November 2014

Society not giving noc & asking for court commission.


I sold by flat to x person with full payment in advance & sale deed is done on Monday but unfortunately x person is found cyber criminal after 2 days of registry & x person has yet to take NOC from Co Op Society. Society says we not not make members who are having criminal records and more on that x person is wanted as per news papers. Society has taken a declaration from me that not give possession until all co op society member agrees to make him member or not. Society is now asking for court commission needed to claim your possession. Please advise me further shall I proceed or not.

Thanks Jayesh

 3 Replies

ROHIT SHARMA (Legal Advisor )     29 November 2014

1. The sale deed is done. The facts of the buyer being involved in a criminal case has nothing to do with you. You have received the sale proceeds and the registration done and you are over with the matter.

2.  You cannot refuse possession as the sale has already been made.

3. Why is the society asking for court commission ?

4. You should hand over the possession even in absence of any  new N.O.C. since you must have taken a N.O.C. from the society before making the sale deed.

5. The buyer can initiate legal actions to get the shares transferred to his name. No one is guilty unless it is proved beyond doubts. The buyer has not been sentenced and hence he is deemed as not to have a criminal antecedent.

Jayesh (job)     29 November 2014

Hello Sir,

Please guide me further as I & my mother jointly owner of flat have given declaration to society regarding possession. Actually still buyer is absconding and how could I give possession then to him. Also let me know this declaration is viable which actually society forced me to do so. But in declaration they have mentioned that I have given this declaration without any force.




Dalip Singh (Advocate)     29 November 2014

By executing the sale deed in favour of the buyer, you have already delivered the possession of the flat to the buyer.   Kindly go through the sale deed where it should have been mentioned that the possession of the flat has been delivered by the seller to the buyer.   When the possession has already been delivered by you then the question of  giving declaration to the society by you and your mother does not arise at all.  i Even otherwise, declaration has no legality in the eyes of law.   It is now between the buyer and the society.   You have to give keys of the flat to the buyer and he will take the possession himself.

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