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Buying a resale prop in Navi Mumbai with CIDCO Transfer pending


07-Oct-2023 (In Property Law)
Hi, I am planning to buy a resale 2BHK flat in Navi Mumbai area. I see two problems with the property for which I sought your opiinion: 1) As per the owner, the society was formed around 2 years back (the building is 7 years old) but the society is still to issue Share Certificate to members. Could you please tell me what can be the reasons for not issuing share certificates and whether I can get a home loan without share certificate. The broker says that the society will issue a letter on its letterhead stating that the society is still to issue share certificate to its members and this will be accepted by the bank. 2) The CIDCO transfer of all the flats is also pending. Would I face issues in getting home loan because as per my knowledge the bank asks for CIDCO NOC and CIDCO transfer related documents. Also if I buy the flat and in future whenever the CIDCO transfer happens, do I have to pay double transfer charges to CIDCO as the previous owner has not paid for the transfer.
Answers (4)

Answer #1
274 votes

The delay in issuing share certificates by the society could be due to various reasons, such as administrative delays, pending legal or regulatory requirements, or internal conflicts within the society. It's important to understand the specific reasons for the delay by directly communicating with the society's management committee or seeking legal advice. Regarding home loan, banks typically require the share certificate as proof of ownership and membership in the society. However, in some cases, banks may accept an undertaking or letter from the society stating that the share certificate issuance is pending. The acceptance of such a letter may vary among banks, and it's advisable to directly check with the bank you plan to approach for a home loan to confirm their requirements and acceptability of alternative documents.

City and Industrial Development Corporation (CIDCO) transfer process for resale flat is an essential process for transferring ownership rights of properties in CIDCO-developed areas. The pending CIDCO transfer for the resale flat can raise concerns as it may affect the legal title and ownership of the property.� For obtaining a home loan, banks often require a CIDCO NOC (No Objection Certificate) and related transfer documents as part of their due diligence process. The absence of CIDCO transfer completion can potentially create difficulties in securing a home loan, as the bank may consider it a risk factor. Additionally, if you purchase the flat without the CIDCO transfer being completed, it could result in complications in the future. You might be required to pay the pending transfer charges to CIDCO, as it is typically the responsibility of the seller to ensure the completion of CIDCO transfer before selling the property. It's essential to clarify the status of the pending CIDCO transfer, assess the potential costs involved.

To ensure a smooth home buying process and mitigate potential risks, it is advisable to consult with a property lawyer in your jurisdiction who can review the specific details of the property, guide you through the legal implications, and assist in conducting the necessary due diligence.


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Answer #2
692 votes
Dear All,
As the society is formed but share certificate is not issued could be reason that there might be no AJM or no Advocate to be appointed or may be some issue with documentation when filling.

Also for CIDCO Transfer take the Transfer amount from party or get deducted from sale and later pay the CIDCO Double Charges as it will be same amount Transfer from A-->B and then B--->You

Regards,
Shashank Choudhary
Answer #3
973 votes
you will face the Loan n problem. if society was registered then share certificate will be necessary for Bank Loan. The cidco transfer was compulsory for the Bank Loan. There is a procedure for CIDCO TRANSFER THE form A, B,C,D WILL FILL UP AND the same wiil be notarised and thereafter you will put up in the CIDCO and one think there charges will be transfer charges paid in the cidco and thereafter cidco will iisue transfer order and mortgage NOC FOR BANK LOAN

Answer #4
379 votes
Use the prescribed Form VII. Certificate of Registration / Declaration. Copy of the Agreement between One Flat Member and Builder. If the flat is not sold, you will need to provide an index II listing all flat members as well as a copy of your electricity bill or tax receipt. List of flat members CIDCO Lease Agreement
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