• Builder is not issuing NOC of resale flat purchase

I have purchased a resale flat where the society is not yet formed. I have issued a transfer fees cheque of 25K to the builder name but he has not deposited yet and not issuing maintenance bill on my name as well on Name board? I have registered my sales deed and paid the stamp duty also. I am staying in the same flat.
Asked 3 months ago in Property Law
Religion: Muslim

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13 Answers

Builder has to transfer flat in your name  in his records 

 

2) issue notice to builder to issue bill in your name 

 

3) if he refuses approach consumer forum for necessary reliefs 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

You can engage any lawyer on this website fir issue of legal notice 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Visit builder office personally 

 

builder must be wanting his pound of flesh to record transfer in your name 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Dear Client, 

Since you are already the lawful owner of the flat by virtue of your registered sale deed and payment of stamp duty, the builder cannot lawfully withhold the NOC, maintenance bills in your name, or updating of the name board, and the best next step is to issue a formal written notice (not just verbal requests) clearly demanding that these be completed within a fixed time, while keeping proof of delivery; if the builder still fails to act, you can then escalate with a legal notice through a lawyer and, if needed, file a complaint before RERA or the Consumer Commission, but please be assured this issue is about your ownership rights and not connected to your religion.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank You

Anik Miu
Advocate, Bangalore
11008 Answers
125 Consultations

You can seek phone consultation make payment online 

 

I can send legal notice on your behalf 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Once the sale deed is registered, you are the lawful owner of the flat (irrespective of society formation or builder delays).


Payment of stamp duty and registration gives you clear title.


Builder is legally bound to transfer records, bills, and possession details in your name.
Until the cooperative society/apartment association is formed:


The builder must collect maintenance and issue bills/receipts to the current flat owner (you).


He cannot deny showing your name as the owner or insist on unclear payments.


Transfer charges (like the ₹25K) are usually applicable only after society formation, as per Maharashtra Cooperative Societies Act (if this is in Maharashtra). Builders often misuse this.

If the builder is not responsive or not cooperating then you can issue a legal notice demanding the same and then follow it through consumer commission.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

The verbal requests will not have any effect.

If you still remain silent then yo may not get what you are entitled to, hence better visit his office in person and give a letter in writing and request for maintenance bill on your name and also to address your other concerns too.

If he still fails to respond then you issue a legal notice demanding all your requirements

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You don't ask him the reason in a formal letter instead urge him to issue the maintenance bill on your name and also to address all your other problems immediately, failing to respond you can resort to legal action by first issuing a legal notice. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You can engage the services of any advocate from this platform for sending the legal notice as suggested or you can look for an advocate outside this website too for this purpose. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

For written notice you can contact lawyer through kaanoon and take their service.

Sir/Ma’am

If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138

You can reach me on 09 yu 769 fg 490 ghj 911

 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Yes, you should first issue a written representation/letter to the builder before going for a legal notice. Till now, all your requests are verbal, so they carry no evidentiary value. A short written communication will create a proper record.

 

If the builder still does not respond within a reasonable time (say 15 days), then you can proceed with a formal legal notice and later approach MahaRERA or the Consumer Forum for deficiency in service.

 

This is not because of religion—the builder is bound by law to update the ownership records and issue maintenance bills once the flat is duly registered in your name.

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

  • Yes, issue a formal written notice to the builder requesting the reason for delay in depositing the transfer fees cheque and issuing maintenance bills/NOC.

  • Keep a copy of the notice with proof of delivery (e.g., registered post or acknowledgement).

  • If the builder does not respond or continues to delay, you may then proceed with a legal notice demanding compliance.

  • Your registered sale deed and stamp duty payment legally confirm your ownership, and the builder must issue the NOC and maintenance bills.

  • Delay or refusal by the builder is not justified, regardless of religion.

  • If needed, consult a property lawyer for legal action or complaint before consumer forums or RERA.

Issuing a written notice is an important step to document your demand and put the builder on notice for legal accountability.

Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

-  Since, the said flat already registered in your name then the builder is under obligation to issue NOC to you; 

- You can send a legal notice , if the builder is not ready for the same. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

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