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Agreement to sale confirming party


15-Jul-2023 (In Property Law)
Hi, I have purchased a flat from a buyer, who is a widow and after her husband's death , the share certificate was transferred her name as they were joint owners in the flat. I have included both there sons in the agreement as confirming party and executed the agreement. Now society is not giving NOC for bank loan as they are saying the share certificate is in lady's than why we have included confirming party (her son's) in agreement. Pls suggest what is the remedy , can society deny noc.
Answers (2)

Answer #1
295 votes

In the situation you described, where you have purchased a flat from a widow and included her son as confirming party in the sale deed, but the society is denying the issuance of a No Objection Certificate (NOC) for bank loan purposes, it is advisable to consult with a legal professional to understand the specific laws and regulations governing the situation in your jurisdiction.

Here are a few general considerations that may be relevant:

  1. Review the Society's Bylaws: Examine the society's bylaws to understand their rules and regulations regarding the transfer of ownership and the issuance of NOCs. The bylaws may outline the requirements for obtaining an NOC and any specific conditions that need to be fulfilled.

  2. Consult a Lawyer: Seek guidance from a lawyer specializing in property and real estate matters. They can review the specific circumstances of your case, examine the relevant legal documents, and provide advice on the best course of action.

  3. Communicate with the Society: Engage in open communication with the society's management committee or relevant authority. Discuss the situation and try to understand their reasons for denying the NOC. Present the agreement and highlight the inclusion of the sons as confirming parties, explaining how it addresses any concerns related to ownership and transfer.

  4. Mediation or Legal Action: If the society continues to deny the NOC without valid reasons, you may consider exploring mediation or taking legal action. A lawyer can guide you through the appropriate steps and procedures, including filing a complaint or seeking redress through the appropriate legal channels.

It is crucial to consult with a legal professional who can provide advice tailored to your specific circumstances and the laws applicable in your jurisdiction. They will be able to guide you on the best course of action to resolve the issue with the society and ensure a smooth process for obtaining the necessary NOC for your bank loan.

Answer #2
706 votes
As you said that flat was in the joint name of husband and wife, naturally Sons have undivided right in the 50% father's share of the said flat in absence of any will by the husband excluding his sons from the share. Sons are legal heirs and they need not just a confirming party but party to the agreement for sale wife their mother.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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