You don’t need builder NOC to sell flat 

2) once registered sale deed is executed you are absolute owner of flat and don’t need noc from builder 

3) you can issue legal notice to builder to issue you NOC and claim corpus amount 

- 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. 

- Further, 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. 

- Further, as no society is formed , then the builder is under obligation to refund or adjust the sinking fund , and any demand of transfer fee in the name of NOC is also prohibited under section 4 of the Competition Act. 

- You can issue a legal notice to the builder for issuing an NOC and refund the sinking fund , and on refusal, you can lodge your complaint against him before RERA or consumer court as well. 

If builder has failed to form society then file complaint against builder before consumer firm seek others to direct builder to form housing society 

2) corpus fund is to be transferred in name of buyer builder will not refund corpus fund 

- Generally, at the time of selling the flats, the builder collects maintenance funds from each buyer, which is not shown in the basic selling price, and the said maintenance fund collected from each apartment owner is deposited as a corpus fund.

- After forming society, this Corpus /maintenance Fund also came into the hands of society, the housing society can use this corpus fund amount for major repairs, maintenance, reconstruction, structural addition or redevelopment.

- Further,  the corpus fund is a liability for the builder and the amount in this fund is transferred to the homebuyers when the possession of the flats is transferred to them. 

- Hence, you can raise the issue to use the Corpus fund or its interest, for the maintenance of the building legally , and refund of the amount .

You can file case either before the consumer forum or the RERA Tribunal. 

Sinking fund charge is an amount that is kept in reserve within a housing fund's account, to be used mainly in cases of repairs and emergencies. The main objective of implementing a sinking fund charge is so that repairs can be undertaken without having to immediately worry about the costs.

An outgoing member cannot ask for the reimbursement of his accumulated contribution towards the Sinking fund under any circumstance / pretext however the new buyer / member may request to know the accumulated contribution accrued against the account of the intended flat to be purchased. As and when the flat is sold or the membership is transferred this amount invariably gets automatically transferred to the buyer’s account.

But in your case the builder has not formed the association neither the members had taken interest to form an association or a RWA. 

If the developer does not initiate the formation of RWA, residents can do so on their own. Often, developers do not allow RWAs to be formed to be able to retain control over maintenance and other charges. Ideally, formation of RWA should be initiated by the developer.

Actually there is no necessity to obtain NOC from the builder in the absence of an association, for selling the property. 

You can issue a legal notice to the builder demanding NOC for selling the proeprty if it is required by the buyer for the purpose of home loan and also refund of the sinking fund failing which you can initiate legal action for recovery of the sinking funds either through civil court or through consumer commission or by a complaint to RERA.

1. Whether the association  has been formed or not the expenses towards the maintenance has to be borne by the members.

If the builder is maintaining the complex then yo are required to pay the annual maintenance charges as applicable.

However since you are selling the flat, you can demand refund of the sinking fund.

2. You can demand the return of corpus fund by issuing a legal notice if the builder is not responding to your oral demand.

3. You can inform the builder to transfer the corpus fund in the  name of the buyer if there is no policy to return the corpus fund and you can collect the corpus fund from the buyer, remember that interest over the corpus fund is the decision by the builder. 

For sale noc is not necessary. If you are buyer take indemnity bond from seller that he will indemnify the loss of in future you can’t register your name as member 

first of all you do not need any sale noc

secondly you can take legal steps to recover your corpus with interest even after you have sold your flat. however make your buyer agree to not claim in that corpus amount 

as regards the sinking fund, i am not too sure if you can claim that. however in the suit to be filed for recovering your corpus, you can ask for disclosure regarding your share in the sinking fund and what was done of it