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Who is entitled to provide NOC in case of sale of flat
03-Jun-2023 (In Property Law)
I am going to purchase Resale flat in Pune buliding is constructed in 2012. I am confused for How to identify who has atuthority to issue NOC. As Seller is saying Socity does not have authority to issu NOC hence Builder NOC wil do. However society chairman is saying Seller is have Maintenance due bill hence we will not issue NOC. In Same case how Shar certificate will work builder is saying he has not issue Share certificate yet.
In the above scenario ,
In case of NOC .
1. The seller is misleading you as the Society has the powers to issue you a NOC if you by a flat. Without which the transfer formalities cannot be completed.
In case of share certificates
1.If the society is formed by the builder and flat owners, then Share certificates are to be given by the society to its members.
2. If the Share certificate has not been given by the builder yet then first its will be issued by the builder in the first registered owner of the flat.
3.Once there new transaction by the first owner and he resell's his flat to the new buyer (you) . The new owner has to transfer his share to the new buyer (You) via society. The transfer formalities of the share certificate are done by the society for its old member to new member.
But for above an NOC from the society is necessary .
Beast Regards
For
Adv HARSHAD
In case of NOC .
1. The seller is misleading you as the Society has the powers to issue you a NOC if you by a flat. Without which the transfer formalities cannot be completed.
In case of share certificates
1.If the society is formed by the builder and flat owners, then Share certificates are to be given by the society to its members.
2. If the Share certificate has not been given by the builder yet then first its will be issued by the builder in the first registered owner of the flat.
3.Once there new transaction by the first owner and he resell's his flat to the new buyer (you) . The new owner has to transfer his share to the new buyer (You) via society. The transfer formalities of the share certificate are done by the society for its old member to new member.
But for above an NOC from the society is necessary .
Beast Regards
For
Adv HARSHAD
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Adv. Harshad Rathod
Pune | 100+ Answers
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