• Can housing society ask for copy of sale agreement to give NOC to legal heirs

Is it necessary for legal heirs to give copy of sale agreement to obtain NOC from Housing Society for transfer of flat ?
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

1. The Society Bye-Laws states that NOC is not required for Sale of Flat. However said Society NOC shall be required by Buyer party for any Bank Loan formalities.

2. It is mandatory for the Society to keep a photocopy of the members Sale Agreement, on its records, for all futuristic references and to maintain its records & registers, without which membership transfers is not possible. There is no legal risk in giving photocopy of Sale Agreement, to Society and neither it can be misused in anyway, since nowadays all property transactions are compulsorily computerized and needs to be registered in presence of Seller & Buyer parties.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Yes, but the society must have the copy of your sale deed. Initially at the time of formation the society every one's sale deed is kept with them.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) society can seek copy of sale  agreement from legal heirs to furnish NOC for transfer of flat 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

Yes, the society needs a copy of sale agreement to give NOC. and charge transfer charges based on amount of sale.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

For NOC the society for it's record may ask for copy of sale agreement and deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 If the rules mandate that copy has to be given then it has to be complied.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

No, only legal heir certificate if society wants to confirm legal heirs of owner.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes society can ask for a copy of sale agreement for issuing NOC for transfer of flat. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Society need a copy of sale agreement to issue NOC.

 

Mohammed Mujeeb
Advocate, Hyderabad
19375 Answers
32 Consultations

No there is no such mandatory provision. They may inspect the agreement. 

Prashant Nayak
Advocate, Mumbai
34663 Answers
249 Consultations

This is a matter of bylaw of the association.

If the bylaws makes it mandatory then they may have to comply with the formalities.

 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

Ask a Lawyer

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