Legal Question in Real Estate Law in India

Property

Dear Sir,

I have purchased a flat in 1995 . I received a NOC from CIDCO for transfering the property on my name. This NOC was valid for 3 months. But I failed to do the transfer the property since i had shortage of funds then. Years passed by and now when i went to CIDCO , they asked me to get a new NOC. When I tried to do this they said in 1995 they have received a letter from the wife of the seller to put a stay on the deal as her husband who is the seller ows some money to her (aparently i met the seller today and he is willing to cooperate by all means for the property to be transfered in my name) although he says he and his wife are not together for almost 13 years now as they have a very soar relation and also she has nothing to do with the property he sold to me. FYI they have still not divorced although they are not together for 13 years now. At CIDCO end there was no follow up from the wife after the initial letter in 1995 Feb. Now when I went to CIDCO for the new NOC they asked me that they cannot issue a new NOC based on this single letter. The seller is willing to give all assurances to CIDCO favouring me. Can CIDCO hold the NOC based on this letter from seller--name removed--wife 12 yrs ago. I need the transfer done


Asked on 5/21/07, 1:41 am

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

Re: Property

Under normal circumstances, apart from other documents like application, affidavit etc. CIDCO may ask the seller and you to provide them with an Indemnity Bond indemnifying CIDCO from action, if any, taken by wife and issue NOC

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Answered on 5/21/07, 4:06 am
rajeshwar sharma rajeshwarnathsharma

Re: Property

CIDCO has no right to refuse to issue you NOC when you have completed all the required formalities. CIDCO can refuse when there is stay order from the competent court.

You may file suit of mandatory injuction against the CIDCO seeking direction from the court in this regard

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Answered on 5/21/07, 9:44 am


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