Legal Question in Real Estate Law in India

NOC for fiat sale
One member took office lone for flat & before the possession he sold the flat without intimation to office. Now the second owner wants to sale the flat but the other member of socie. whom also took home loan from the same office. The Second owner is a registered person of the society. now he wants to sale his flat immediatly & for this purpose he needs noc letter from socie. In this case, has the secretary have power to give NOC to second owner?

Asked on 2/10/09, 5:53 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Re: NOC for fiat sale

Query is not clear. What is the role of office and lone?

Answered on 2/11/09, 4:11 am

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SHIVA SHANKAR REDDY M/S S&S LAW FIRM

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Re: NOC for fiat sale

What is important is whether the person who had obtained the loan from the office had mortgaged it to the bank or office.

Secondly if he already sold the same then second owner is also at free will to sell the said property and does not require any permission from society. the only matter most important is who will clear the loan taken against the property and if the second owner clears the obtained loan the society will have no objection to issue the NOC and second owner will be at free will and wish to sell the property.

Answered on 2/10/09, 8:10 am

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