You don’t need builder NOC for sale of flat as once registered sale deed is executed you are absolute owner of flat
2) to give consent builder will demand transfer charges
3)don’t have any judgments on the issue
Court judgement on builder NOC letter
Dear sir, I am going to purchase the flat in Mumbai without builder NOC letter ( society is not formed) I received Registered documents, no dues certificate latter, possession latter from builder. What is risk for me if I deal without NOC letter from builder. ( having copy of mail for apply NOC letter to builder with remainder but builder is not responding )
Asked 4 years ago in Property Law
Religion: Hindu
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15 Answers
1. If the title of the property is otherwise free and marketable then absence of NOC from builder does not vitiate title.
2. A seller who has a free and marketable title will always pass a free and marketable title to the buyer.
You can go ahead without NOC
1. it is not clear whether the whether the seller has a registered sale deed already executed in your name or not.
2. if yes then the developer has no say in the dealing with you and if your seller already as a valid title in it then the same passes to you.
3. Even the NOC from society is for administrative/membership purposes and the lack of it does not cause any dent in the title of the property.
Dear Sir,
You are suggested to proceed as there is no much problem without the said NOC.
There's no legal complication in buying the flat without NOC from the builder especially when the association has not been formed yet.
But the builder may trouble and torture you on various other administrative matters in this regard and he may even not cooperate with you for transfer of revenue records, water and electricity supply etc.
The you may have to unnecessarily involve in litigation for each and every petty issue against builder for reliefs and remedy.
There is no need for Builder NOC to you.
Once sale deed is executed by paying proper registration charges it is enough and title passes to you and you become owner of the property.
In case, if you ask for NOC from Builder he will demand money from you.
You can go leave it, there are no risks involved if the NOC is given by builder. There are no specific judgments.
Builder NOC has no value. Registered sale deed with seller and full payment receipt made to builder is absolute authority of seller to sell the property.
Builder has no say. Go ahead with sale. Only check EC.
1. Typically Builders demand some money for issuing such NOC letter. However this NOC is not at all required, more so specifically when you have mentioned documents with you.
2. You can legally safely go ahead with registration of Sale Deed, with the existing available documents and when Society is formed you may simply submit the notarized copy of Sale Deed for their records and registers. The Society cannot refuse membership since your sale deed would have been registered before date of society incorporation date.
- Since you are registered owner , and having all other documents like no dues certificates & possession letter with you , hence you can sell the flat, before the formation of society.
- Builder has no right to interfere into the transaction done by you.
- Specially in Mumbai , as per direction of MRERA , there is no need of NOC at the time of selling the flat to third party , and further builder has nothing to do after registration of property in the name of buyer.
If all other payments and obligation are fulfilled along with oc then you can proceed with buying. But after the court order builder needs to provide the same.
The No Objection Certificate (NOC) from builder is required for following purposes :-
1) to ascertain if original buyer has paid entire sale consideration for flat /apartment;
2) to ascertain if original buyer has cleared all his/her dues to builder including, but not limited to maintenance.
It is not compulsory to get NOC from builder unless the buyer or bank asks for it. The buyer can satisfy himself with last bills and all requisite payments receipts apart from sellers indemnity given in sale agreement.
This is my response to you:
1. You have to obtain NOC of the builder;
2. It the conveyance is not done then you should take permission of builder;
3. Otherwise the previous owner may still have some dues pending;
4. Consult a local lawyer and take steps.
in my view if possession is already given to your seller and if he is selling the flat to you, then no further noc of builder is needed
had the possession not been handed over to your seller and if he was selling the rights in the flat to you, in that case the noc would be required
1. If seller have registered documents and No dues certificate then you can go ahead with purchase of property.
2. Builder cannot interfere in sale of flat if maintenance dues are clear.
