Dear Sir,

If you are in Maharashtra and if a co-operative housing society is formed you have to get NOC from the Society. If the Society refuses NOC, it has to give valid reason for the same. Sometime societies refuse NOC without valid reason. In such cases if the aggrieved member complains to the registrar, he will ask the Society to give reason for refusal. If no valid reason is given the registrar can order the transferee admitted as a member.  In your case the society is yet to be formed. I suggest that you apply to the builder to give NOC. If the builder refuses NOC without valid reason, you file a complaint before the consumer court under "Unfair Trade Practice" by the builder. The consumer court will decide the case on merit

1) If buyer doesn't want home loan than NOC is not required you can directly go fro sale deed with other documents.

builder consent is not necessary to sell the flat on resale basis 

2) refuse to pay RS 50,000 cash demanded by builder 

3) issue legal notice to builder to form society as required under provisions of maharashtra ownership of flats act 

1. No builder can include a cause whereby his consent would be required for re selling the fat. Even if it is there and you have your sale deed registered in your name then you can proceed to sell the flat without his NOC as if there is no such restrictions is there.

2. To take home loan NOC of builder is never mandatory .

3.Do not agree on such proposal. 

you dont need lawyer to file case before consumer forum 

2) take the plea that once builder has sold flat  by registered sale deed he does not have any right , title , interest in flat his NOC is not required for sale of flat but builder is demanding Rs 50000 cash as transfer charges 

1) You can file case in consumer forum and RERA. All of the members can file case in the RERA against builders for CC and OC and get society handover as early as possible and formed first proposed society.

2) Once all member formed proposed society and tale possession of the society than builder does not have much rights except the title transfer from builder's name to society name i.e. Conveyance deed.

He can't demand such a huge amount for NOC. You don't require NOC from builder. You can approach Consumer Court against the Builder.

The builder needs to cooperate and render all necessary support for the formation of RWA. The builder is mandated to do so in terms of the Maharasthra Apartments Act. 

1. No need of of NOC from the builder, as a pre-requisite of sale. 

2. No need of NOC.

3. Approach consumer court. 

No necessary for you to engage a lawyer. You can represent your case yourself in the present case 

1. Builder's demand is completely illegal

2. the transfer fee which he is demanding in cash would have been applicable if the possession of the flat was not given to you and before taking possession you wished to transfer the flat to a third party

3. only in above case the builder's NOC would be required so that he would recognise the third party buyer as the person to whom the possession of the flat would be given

4. your case is completely different though. You already have the possession of the flat and the flat is allotted to you on ownership basis

5. so no question whatsoever of taking the builder's NOC or paying him any transfer fee

6. you can simply sell the flat to the buyer and the builder cannot take any legal action at all

7. to the contrary you and other buyers must take legal action against the builder for not having formed society as per law and also for not having conveyed the land and building to such society. This is a clear violation of MOFA for which the builder can be sent to jail 

No NOC required , You are absolute owner to sell.

If you purchased the flat from the builder with paying full consideration and the sale deed is registered in your favour, then no NOC is required to sell the property now. 

you can file a case in consumer court in India without the help of a lawyer. Mind, however, that you must be aware of and follow the procedure and stage of a consumer court case 

The NOC will be given by the builder.

The charges cannot be more than 25000.

The charges for NOC by builder is not out of law and there is no illegality in it. 

You may not be able to make a complaint against him before consumer forum for this reason. 

You may discuss with a local lawyer and first issue a legal notice and after that you can plan further legal action against the builder. 

1. IF your agreement is duly registered & Stamp Duty paid, THEN builders NOC or any other document is not required, at all. Such demand by builder is illegal and amounts to criminal extortion.

2. Based on your earlier registered Sale Deed, you can sell /transfer /gift /mortgage /whatever and it will be 100% legitimate, without the builders involvement.

Keep Smiling .... Hemant Agarwal