Original documents after sale of property
I have a flat in PUNE which I recently sold.my flat had loan from bank. I have received full consideration from the buyer and the loan is closed and I have received NOC from bank.We are about to execute deed of assignment in couple of days.
After receipt of full consideration from buyer I have given him all the property related original documents.
Now buyers lawer has asked him to take original NOC from Bank and original payment receipts which i had made to builder when I purchased the flat.I have given him photo copy of bank NOC and retained original with me.
Please guide me whether original NOC from Bank and receipts should be given to buyer or to be be kept me. My lawer advised me to keep it with me.
My understanding is, NOC is my loan related hence should be kept with me I may need it in future.
Asked in Property Law from Pune, Maharashtra
The original or attested photo copy of the NOC will make no difference. If he needs original NOC, it is for his safety so that tomorrow if the bank is emerging with any claim out of wrong calculation of loan settlement, then he may produce the original NOC to bank and fight against it.
The attested photo copy of the NOC is very much valid an in the event of any dispute, this may be referred to the bank who will be having a copy of the NOC given to yo in there files.
Therefore there is nothing wrong in giving the original loan clearance NOC to the buyer since this is related to the property and the property stands sold to the buyer under a registered sale deed.
any document related to the property must be handed over to the buyer which you have done, NOC from bank is your loan raised in connection with the said property which has to be retained by you, the buyer can only inspect the original and retain the photo copy he will not require it for future references.
Normally the attested photo copy is enough for their needs.In the case of NOC you may given to them is good for them .But no need to give the original receipt.Its indicate your loan transaction. Take an encumbrance certificate and give it to them
It does not make any sense to part with the original NOC and payment receipts of the payments made to the builder. Your lawyer is bang on mark.
1) you don't need to give original NOC from bank
2) you can give him certified copy for his record
3) original payment receipts made to builder would be required by the purchaser of flat