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Builder not providing NOC, what can be done ?
08-Feb-2023 (In Property Law)
Builder denied issuing an NOC stating an order from the court stopping him from doing so for the property. Can I be denied my right to sell for a dispute the builder may be fighting in the court?
If the dispute for which the builder is engaged in the court involves your property then, it will be better to wait as Under Section 52 of Transfer of Property Act, doctrine of Lis Pendens applies to this case. However, if this is not the case then, you can sell your flat as The State Housing Department has come out with a notification on this issue.
This government notification is designed to put an end to financial exploitation by builders when flat owners ask for NoCs.
There are a large number of housing projects in the State where cooperative housing societies are yet to be formed.
Presently, flat owners are forced to secure the NOC from builders for reselling their flats.
There are complaints that, builders charge hefty amounts in cash from flat owners seeking NOCs.
The flat purchaser becomes owner of the flat after the purchase.”
“Hence, there is no need to seek permission or get an NOC from the builder for reselling flats,”
This government notification is designed to put an end to financial exploitation by builders when flat owners ask for NoCs.
There are a large number of housing projects in the State where cooperative housing societies are yet to be formed.
Presently, flat owners are forced to secure the NOC from builders for reselling their flats.
There are complaints that, builders charge hefty amounts in cash from flat owners seeking NOCs.
The flat purchaser becomes owner of the flat after the purchase.”
“Hence, there is no need to seek permission or get an NOC from the builder for reselling flats,”
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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You have not given reason which type despite is pending in the court and which type order have been passed. It is well setled law that everyone has right to transfer his property up to his level right and your right depends upon the right of bilder .
Helpful?
31+
31+
Adv. Jitendra Kumar Pandey
Lucknow | 25+ Answers
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