Once property sold. Builder has no say. No NOC required.
Sell the property. NOC of builder has no value.
NOC letter is required for sale flat
Sir, I purchased flat from builder to contraction it's take 10 years ,I had paid full amount and take possession letter with no dues certificate now I want to sale my flat. society is not form builder ask huge amount for NOC letter. Why builder NOC is required for sale the flat ? If without NOC Registration is done than what is builder roll after sale the flat. What would happen if I not take NOC letter builder?
Asked 4 years ago in Property Law
Religion: Hindu
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16 Answers
Builder NOC is not required for sale of flat
2) once sale deed is executed duly stamped and registered you are absolute owner of flat
3) no need to pay exhorbitant amount to builder as transfer charges
4) however if buyer wants home loan for purchase of flat then bank would insist on builder NOC
5) it is better to wait till society is formed then sell flat as transfer charges are nominal
1. in my view the NOC of builder would be needed when the possession of the flat was not handed to the buyer
2. once the possession is given to purchaser, he is not required to take the builder's consent for selling the flat
3. the flat is allotted on ownership basis, so where is the question of taking NOC for transfer
4. the flat is not allotted on tenancy basis in which case NOC for transfer is needed
5. the builder is indulging in unfair trade practice
6. if you have a registered document with the builder, then after being put in possession, you can surely sell your flat to a buyer of your choice, without the builder's NOC
NOC is compulsory because OC certificate has not received from BMC, either you wait for handover of society or make Agreement to sale and registered it if buyer agrees with you.
Or if there is atleast 10-15 flat owner in your building than you can form the society and register it .. for time being you can apply for proposed society so builder can do handover to society.
1. Before selling first get the sale deed registered in your name for which the builder can not take demand any money.
2. once this is done there is no need to take his consent while selling the property to a purchaser.
3. Another option is to make your purchaser aware of the unjust demon of the builder. Then make a sale agreement with the buyer and thereafter when the builder refuses to register the sale deed you can file a case before the consumer forum.
1. Legally Speaking Builder is NOT entitled to demand any amount for re-sale of flat and no such NOC of whatever is required from Builder, PROVIDED the possession is already with you. Such action of Builder amounts to extortion, intimidation, nuisance, mischief, breach of trust etc....
2. IF sale deed registration is already done, THEN there is no role of Builder. Whenever the society is registered, membership will be granted to the new flat owner.
They can't ask money for noc. File a complaint with dy registrar they need to give you noc within 30 days or application and if not should give reasons in writing for refusal
Complaint to the Registrar cooperative Societies against the builder, noc is not required for sale
Why is the society not formed? You should file a complaint against the builder in the consumer forum.
A No Objection Certificate (NOC) is one of the most crucial legal documents required during the sale and purchase of a property. A NOC is issued to certify that a building does not violate the terms and conditions of an organisation, agency or institute.
Procuring a (NOC) from the society that includes your apartment or the builder from who you are purchasing the apartment is essential. Obtaining a NOC ensures that there are no dues on the property by the seller at the time of selling the property.
However the builder cannot refuse to issue NOC without any valid reason neither he can demand any exorbitant amount to issue NOC.
You can issue a legal notice to the builder demanding NOC, failing to respond or comply with the demand made you can drag him to consumer forum for deficiency in service seeking compensation.
Hi, if the flat has been registered in your name ,then no NOC is required for the sale deed ..You can sell your flat and execute sale deed
- Under the Maharashtra Ownership of Flats Act , there is no such provision , where an owner has to take NOC from the builder at the time of selling the flat to another person.
- However, A home buyer should take an NOC from the builder /society before selling his home , because this certifies that there is no dues on the builder/society by the seller , and it also proof that the respective builder/society association will not refuse your induction as a member.
- Further a NOC also needed for availing a loan from a bank or any other financial institution, and also a purchaser some times required the same.
- Since that builder is asking for huge amount for issuing NOC to you, which is against the law, and the transfer fee in the garb of NOC is illegal due to the following reasons:-
1. Being the registered owner in possession of the property , under Transfer of property Act, you have full right deal with the said flat , and the builder has no right , title or interest over your flat , specially after registration of the property in your name.
2. The nefarious demand by the builder also against the Indian Contract Act , because this demand by the builder is an extra contractual demand on the buyer, which infringes the buyer’s ownership rights.
3. Further , a builder has no rights over the ownership of the sold property , hence if the owner wants to sell the property to a third party, then no payment can be demanded on the part of the builder.
4. Further , such demand of transfer fee in the name of NOC , is also prohibited under section 4 of the Competition Act as well.
- Hence , the said builder is threatening that without getting an NOC from his , you would not be able to sell the flat , then you can also lodge a complaint under section 384 & 385 of the IPC.
- You should issue a legal notice to the builder for issuing an NOC , and on refusal , you can lodge your complaint against him before RERA or consumer court as well.
Good luck and dont forget to rating Positively.
if society is formed then Society NoC required.
if property registered then you are at liberty to sell.
noc not required from builder.
1. This is unjust enrichment pursued by builder.
2. You do not require any NOC from the builder if your title is free and marketable. If your title is free and marketable then you will convey a free and marketable title to the buyer.
1. You can sell the flat without NOC from builder.
2. You just need no due certificate for maintenance dues but it will be required at time of transfer of share certificate.
The NOC has to be obtained from Builder to sell the flat.
In the ever of builder executing sale deed and registering the flat by paying proper stamp duty, you are absolute owner of the flat, you can go ahead with your sale.
The Builder cannot charge amount to issue NOC.
If the purchaser is intending to avail bank loan, under such circumstances, NOC of builder is required. Otherwise, no.