You don't need builder NOC
2) obtainNOC from society . It is suffice t
3) once society is formed transfer charges have to be paid to society only and not the builder
Builder NOC
Sir, I purchased a flat in 2011 directly from a builder in Pune One line added in supplementry agreement cum Possession letter on Rs100 Non judicial stamp paper of flat says NOC will be required for sale of flat prior to making agreement with new buyer till conveyance deed is made for society This possession letter was signed after the deal was completed and flat being handed over such need for NOC was never mentioned while paying for the deal and completing transaction. No such requirement in Sale agreement about NOC. Possession letter is not registered and shown as consequent to sale agreement. Registered society has been formed and society NOC is available for me as I have no dues of any nature to builder or society. Conveyance is pending for last six years and builder avoiding conveyance. Kindly advice whether I should seek NOC or ignore the requirement as I heard builder NOC is not authorised under MOFA Pl help
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
1.The clause for NOC has no legal standing and it can be ignored if pressed by the builder or the society.
2. So f the builder is not registering the sake deed you can file a case beofre the consumer forum wherein the forum would not only allow you to get the ded registered through the consumer forum , it would award adequate damages and compensation as well for the delay caused so far.
3.So meet an advocate and do the needful.
I am planning to sell the flat now after 6 years. Sale agreement between me and builder was registered in 2011 itself and ownership transferred. My only query is whether NOC requirement by builder based upon supplementary agreement on Rs100 Non Judicial stamp paper (Only original sale agreement is registered )after handing over flat has validity as far as NOC from builder is valid.?? Had builder shown such clause of NOC before sale i would not have purchased. Builder waited till entire deal was complete and financial transaction completed. before putting up this supplementary agreement. I am taking registered CHS NOC on payment of Rs25000 transfer fee.
Asked 8 years ago
1. You do not require the NOC of the builder to make sale agreement with the buyer.
2.However do note that your registered sale agreement does not make the sale complete.
3. So you better first make your sale deed registered through consumer forum and then sell the flat.
4.Before completing your purchase by way of registered sale deed making another sale agreement with a buyer would only complicate these scenario.
You don't need builder NOC
Clause in supplementary agreement is arbitrary , one sided and unsustainable in law
NOC from society is sufficient
Once a society is formed the builder is supposed to hand over the same to society.
In any case it may not be be necessary to get NOC from the builder after the society has been formed and taken over.
You can obtain NOC from the association itself and also can insist on getting conveyance deed from builder expeditiously.
First of all confirm if the builder has executed a registered sale deed in your favour?
If not just talking possession will not confer title to you.
You cannot sell the property if you do not have registered sale deed in your favour.
The registered sale agreement cannot confer marketable title.
If the association is formed, then you may take up the matter through your association, this may benefit the other members also.