I will be happy to working on above query.

The sale and purchase of flats is conducted as per provisions of the Maharashtra Ownership Flats Act (MOFA). The flat purchaser becomes owner of the flat after the purchase.”

“Hence, there is no need to seek permission or get an NOC from the builder for reselling flats,” 

I have MOFA and RERA details available. Kindly get consultation call connect.

consult with a local lawyer in this regard. 

You can contact me through telephonic consultation will provide you the said information

1.  I have the required document and can email it to you on offered payment terms.

Keep Smiling .... Hemant Agarwal

What is builder NOC. Rule is , project for which OC is already issued, dose not require RERA registration.

You don't need NOC from builder as there is no such provision in MOFA.

You can seek more information on link given below

https://www.bcasonline.org/Referencer2015-16/Other%20Laws/transfer_and_transmission_of_flats.html

It will not be mandatory for flat-owners and housing society residents to get NOC from builders while selling or transferring their property, Maharashtra Chief Minister Prithviraj Chavan has said. ... There is no such provision in the Maharashtra Ownership of Flats Act (MOFA)

In most of the cases NOC issued by the builder is either conditional or provisional in nature. In layman terms, builder NOC is valid subject to fulfillment of certain conditions. Though the NOC should not be conditional or provisional but it is not feasible in all the cases. A buyer should check all the conditions attached to NOC issued by the builder. It is important to clarify the same from both the seller and the builder.

Builder NOC is one of the must crucial document for direct transfer of under construction property. Normally, Builder NOC is a standard format by a builder. 

Any NOC signed by an unauthorized person has no relevance or legal standing. Tomorrow builder may dispute that it is issued fraudulently by his ex-staff. If you have noticed, the employee churn is very high in real estate and any document signed by staff who is not authorized is null and void. 

A seller may be in discussion with multiple buyers and can get multiple Builder NOC’s issued. In order to avoid any financial fraud or being duped

The builder NOC should be on the official letterhead of the builder. The best way to check is with the builder only. You may visit his office to check the authenticity.

This is my response to you:

1. Is the society formed or the verge of being formed?

2. Ask for the conveyancing if done or no;

3. If the society does not exist, and you wish to resell the flat then the NOC of builder cannot be demanded as per the circular issued by the state government;

4. If the demand is still there, then it violates the Transfer of Property Act, 1882; which states that ‘a transfer of property, passes forthwith to the transferee, all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof’. According to the Act, the owner alone holds the full right to property and the builder has no right, title or interest over the property post registration of the property in the name of the owner;

5. It violates the Indian Contract Act, 1872. It is an extra contractual demand made by the builder on the buyer, which infringes the buyer’s ownership rights;

6. The builders threaten that upon non-payment of transfer charges, the buyer would not be able to sell off the flat. This is a punishable offence under Section 384 and 385 of Indian Penal Code (IPC);

7. The undue influence exerted by the builder is prohibited by Competition Act, 2007. Imposition of unlawful transfer fees by builders is deemed ‘abuse of dominant position’ as defined under section 4 of the Act;

8. You can also lodge a complaint to the consumer court;

9. Consult a local lawyer and take steps.