Legal Question in Real Estate Law in India

Sub:- Sale of row house in Goa

I would to put the below mentioned facts for consideration:-

A builder had constructed a Building comprising of seven Row Houses (with common walls) during 1993-94.

I had purchased one of the Row House in the year 1995. That time the Society was not formed hence I bought under Agreement to Sale.

Later on the Society was formed in the year 1999

As per the procedure we printed share certificates, held the first meeting and allotted the Shares one each to the Members. Also, an account was opened in the name of Promoter and nominal fee collected as joining fee was deposited in that account. The amount is in the range of Rs.1,820/- (Rs. 200/- per member).

The building does not have lift and all other facilities like Electricity and Water each house has an independent meter. There were no common facilities and therefore maintenance fee was never collected.

Conveyance deed is still not done by the Builder.

I want to now sale the House that belongs to me.

Out of seven members only two members actually reside there and all other including me reside outside Goa.

We do not have any contact details of the other members and the letters sent to the last known addresses have been returned as �addressee left�.

In such circumstances need your advice as follows:-

1. Whether we need NOC from the Society?

2. In the absence of availability of members for meeting how it works?

Thanking you in advance


Asked on 10/15/13, 10:13 pm

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Too long query. Please consult your lawyer with all details for proper advice.

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Answered on 10/16/13, 12:04 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

if the builder has not executed the sale deed in your favour, then you may transfer the property back to the builder and the builder will transfer to the buyer, provided you bear all the expenses. or else request the builder to execute a convayance deed in your favour and then you transfer it in favour of the buyer. In both such situation you do not require the NOC from the neighbours. You may also drop a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

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JSR/161013

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Answered on 10/16/13, 12:20 am
Fca Prashant Chavan Expert Edge LLP

16.10.2013

Dear Sir / Madam,

If the Society is not functional, and the property has not been conveyed by the Builder to the Society, there is no issue of prior permission of the Society to sell the house. As the Owner, you can sell your row house to a third party.

Regards,

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Answered on 10/16/13, 8:13 am


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