Legal Question in Real Estate Law in India

builder is not giving NOC
Sir, our's is unregistered society at Navi Mumbai. The builder is not making any effort to register it. I have a shop in it which I want to sell it. The problem is builder is not giving me the NOC to sale, though I am ready to pay my all society dues such as monthly maintenace. He is asking Rs. 50,000/= to pay me for NOC and also demanding Rs. 30,000/= from the buyer for society formation charge, though I have also paid Rs. 30,000.00 for society formation. Can you tell me is my builder is right for doing this? if not what to do on this issue. Can I register my sale deed without having NOC from the builder? Regards.

Asked on 4/22/09, 3:45 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: builder is not giving NOC

You may want to contact a local lawyer for appropriate guidance based upon your documents.

Answered on 4/22/09, 9:11 pm

Shrichand Nahar S.V.Nahar, Advocate

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Re: builder is not giving NOC

Builder is wrong.

If your purchaser is willing, you can register document between you and him without NoC of builder and inform builder about such transfer.

Answered on 4/23/09, 3:32 am

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