• NOC from CIDCO for mortgage

I have purchased a new flat in Kharghar, Navi Mumbai vide agreement dated December 2020 directly from Builder. I have approached a nationalized bank for housig loan which has been sanctioned. One condition in the sanction letter states that " Branch to obtain NOC from M/s CIDCO issued byvits authorised signatory for creation of mortgage in Flat No.... 8n building known as.... if bank in bank's fomat before disbursement ". The society is not yet formed. The builder says NOC from CIDCO is not required for new purchase but is required in case of resale. Can anybody please enlighten about this? What is the procedure to get NOC from CIDCO for mortgage of flat in banks name?
Asked 3 years ago in Property Law
Religion: Hindu

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5 Answers

Generally a NOC upon resale of the flat is required

Mortgage NOC requirement depends on the lease terms agreed between CIDCO and the lessee under the lease deed executed between the parties 

Ask the builder to provide copy of the lease deed to check whether any such stipulation of taking a mortgage NOC is needed?

The mortgage NOC can be said to  be implicitly taken under the noc obtained by the builder (through the lessee of the land) for doing construction 

Thus Cidco will be obviously aware that if such construction is to be made for which it must have have given a NOC to the builder, then many flat buyers would be availing housing loan to finance purchase of the flats in the newly constructed building 

So the mortgage NOC in my view would be implicitly contained in the NOC for making construction as given by Cidco 

Majority of the lending banks have very incompetent legal advisers who are excessively suspicious and who do not take a practical approach 

I even doubt whether such legal advisors of the banks are even qualified lawyers 

They have an employee mindset and work on the diktat of the banks without applying a legal mind 

Yusuf Rampurawala
Advocate, Mumbai
7537 Answers
79 Consultations

5.0 on 5.0

You need no objection from builder as society has not been formed 

 

affidavit that you have not taken any other loan fro the flat 

 

you can visit cidco website for further details 

Ajay Sethi
Advocate, Mumbai
94918 Answers
7572 Consultations

5.0 on 5.0

The NOC is essential. 

You may submit an application giving details about the property proposed to buy now and seek NOC, you will be advised about further formalities including the details to be furnished in the prescribed format. 

Actually it is the duty of the builder/seller to obtain NOC from CIDCO. 

To avoid fatigue involved in this,  the builder may give flimsy reason for not getting NOC. 

You may better gather information through your own sources about this from CIDCO. 

 

T Kalaiselvan
Advocate, Vellore
85119 Answers
2215 Consultations

5.0 on 5.0

Any property taken on lease from Corporation can be mortgaged or the purpose on obtaining assistance from an institution which  is on the approval list of CIDCO. A noc is required to be obtained from Corporation for this purpose. The concerned Asstt. Estate Officers (Belapur, ph. No. 27571016) are empowered to issue the noc on recovery of dues on service charges/water charges and other dues. As you are the first buyer you need not pay all these. A process fee of Rs. 500/- is levied for issue of such noc.  

Ravi Shinde
Advocate, Hyderabad
4064 Answers
42 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

A No Objection Certificate is necessary for the bank to mortgage you house while granting loan.

You can apply for this on the website of CIDCO after entering relevant details here-  

http://utkarsh.cidcoindia.com:7083/sap(bD1lbiZjPTkwMA==)/bc/bsp/sap/zcrm_bot_portal/service.htm

Select the service as- Mortgage NOC

To obtain this you will have to apply to CIDCO with the following documents:

  • Letter from the Bank/Financial Institution
    (CIDCO empaneled)
  • NOC from Society
  • Affidavit from the applicant.

As the society has not been formed yet, you might want to contact CIDCO and inform the same to them. It is suggested not to rely upon advice given by the builder when the bank itself has a certain process and procedure while lending loan. Thank you.

Anik Miu
Advocate, Bangalore
9008 Answers
110 Consultations

4.7 on 5.0

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