• Purchase of flat where housing society is not registered

I wish to purchase a residential flat in Kandivali. The building is 20 years old , society is not yet registered. As informed by the owner of the flat, adhoc committee is formed and the members have initiated the society registration process. Moreover, the society registration is delayed as one of the members is abroad. Therefore his consent is yet to be obtained. The seller has all registered agreements with him. The adhoc committee members informed me that the building has received CC and OC and they are ready to provide NOC to the Bank to mortgage the said flat. Therefore I won't face any problem while getting my loan sanctioned from the Bank. Since title is clear. Kindly guide me if there will be any legal difficulties to get the clear title of the flat. Is it possible to get such flat transferred in my name without any legal complications
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

4 Answers

Dear Sir.....

As you that property is 20 years old..and when the party come back from abroad..take all the legal papers...and pleas check all the basic requirement of sale and purchase.....if the bank loan was sanctioned..then it i s fill up by the first party or not....

Regards.

Mob-no-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1) if builder has obtained OC and CC for building constructed by him then you can go ahead and purchase the flat

2) apply for loan from bank

3) if you so desire wait for formation of society and then purchase the flat

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

The adhoc committee members informed me that the building has received CC and OC and they are ready to provide NOC to the Bank to mortgage the said flat. Therefore I won't face any problem while getting my loan sanctioned from the Bank. Since title is clear. Kindly guide me if there will be any legal difficulties to get the clear title of the flat. Is it possible to get such flat transferred in my name without any legal complications

Whatever you have written here in this post are quite convincing and appears that the property is genuine for purchase.

However there can be any hidden danger in this property which cannot be seen by the expert lawyers since they do not have a chance to scrutinise the property documetns or its title link documents or the encumbrance certificate.

Therefore it is advisable that you consult a local lawyer by producing all the relevant property papers before him, have his opinion about the property and its papers and then proceed if cleared by the lawyer.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

NOC from society is not necessary for sale of flat

2) you would get clear and marketable title to flat even if society is not formed of the flat owners

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer