• Selling of freehold property

Dear Sir,
    I have a land at A.G.Office housing co-operative society, Patna. Previously it was on lease but few years ago i made it freehold. Now I have absolute sale deed of the property. but it has been mentioned in the deed that - "the member purchaser shall have no right to sell the property without getting NOC from the society".  

      My query is that after getting absolute sale deed whether i have to take NOC from society or not. Second thing can I sell the property to other person who is not the employee of A G Office. I have seen a Supreme court judgement of Maharashtra, in which it has been written that after getting absolute sell deed there is no need to take any kind of NOC from society and the owner will be have all rights to any use of the property. after getting absolute the property will become his insist-al property and if  no society by-laws will follow
Asked 11 months ago in Property Law from patna, Bihar
Religion: Hindu
1) to avoid legal complications obtain NOC from society 

2) sale deed contains specific clause that NOC is necessary . 

3) in Maharashtra under provisions of Maharashtra cooperative societies act and the model bye laws society NOc is not required for sale of flat 
Ajay Sethi
Advocate, Mumbai
24747 Answers
1327 Consultations
5.0 on 5.0
1) if as per terms of allotment of land it is specifically provided that only officers of AG can be members you would have to sell the land to only AG employees 

2) if there is no restriction you are free to sell land to any other person who is not an employee of A G. Office
Ajay Sethi
Advocate, Mumbai
24747 Answers
1327 Consultations
5.0 on 5.0
Once the title has transferred to the buyer and the property is made freehold no embargo can be placed on his right to alienate it. Such a clause restricting the right to property is illegal. You can sell it to anyone you desire. Nobody can force you to sell it only to an employee of AG office.
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
5.0 on 5.0
 Being the Absolute Owner of the property, you are free to sell the property to any person and the buyer need not be an employee of AG' s Office.
Shashidhar S. Sastry
Advocate, Bangalore
1256 Answers
61 Consultations
5.0 on 5.0
 My query is that after getting absolute sale deed whether i have to take NOC from society or not.
Yes you need to take NOC





Second thing can I sell the property to other person who is not the employee of A G Office. I have seen a Supreme court judgement of Maharashtra, in which it has been written that after getting absolute sell deed there is no need to take any kind of NOC from society and the owner will be have all rights to any use of the property.

No doubt the absolute sale deed gives your full power and ownership of the property,  But this NOC if insisted by the new buyer's bank, you may have to run from pillar to post then.
T Kalaiselvan
Advocate, Vellore
15283 Answers
139 Consultations
5.0 on 5.0
ok sir, but after getting NOC can i sell the property to other person who is not an employee of A G. Office or is it mandatory that the purchaser should must be the employee of A G Office
Once you become an absolute owner you have full powers to transfer it by executing registered document for the purpose and the society need not interfere in general sense.
T Kalaiselvan
Advocate, Vellore
15283 Answers
139 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
15283 Answers
139 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
24747 Answers
1327 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12722 Answers
262 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5854 Answers
63 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
524 Answers
18 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2875 Answers
43 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
916 Answers
55 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1947 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1323 Answers
89 Consultations
5.0 on 5.0