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Legality of NOC from builder in case the society not yet formed.


03-Nov-2023 (In Property Law)
Hello, I would like to know the reason for requirement of NOC from Builder if the Society is not yet form. And what if we proceed without his NOC, will he make any trouble at the time of formation of Society. P.S: Purchase transaction will be without Home loan.
Answers (4)

Answer #1
686 votes
The No Objection Certificate (NOC) from builder is required for following purposes :-
1) to ascertain if original buyer has paid entire sale consideration for flat /apartment;
2) to ascertain if original buyer has cleared all his/her dues to builder including, but not limited to maintenance.
It is not compulsory to get NOC from builder unless the buyer or bank asks for it. The buyer can satisfy himself with last bills and all requisite payments receipts apart from sellers indemnity given in sale agreement.
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Answer #2
884 votes
Hi. The land on which the building is constructed belongs to the developer/the landowner, as the case may be. In majority of cases landowner grants the power of attorney to the developer to act on its behalf. At the time of formation of society the land is conveyed from the landowner in favour of the registered society and hence, Noc of the builder/landowner, as the case may be is necessary. As per the MOFA model agreement, the developer is required to form the society within 4 months of completion of construction, therefore as per the model agreement he is bound to give NOC. On his refusal to do so, you may proceed against him either vide a civil suit or a consumer complaint.

Answer #3
879 votes
You can go ahead without the NOC from the Builder and register the society. You have to intimate the builder via Letter and give him a particular time period to form the society and if he fails to respond, then you can form a Deemed Society.
Answer #4
203 votes
No Objection Certificates (NOCs) are legal documents issued by housing finance companies or banks to customers declaring they have no outstanding debts with the lender.
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