Legal Question in Real Estate Law in India

sale of owned flat

I own a flat in Mumbai that I want to sell to a person who is in acting business. Society secretary says, it can not be sold to actor as per comittee. I want to know if society decides the buyer for sale. How can I get justice in this? Society says, comittee members will decide if I can sale my flat to a perticular person based on his/her profession.


Asked on 6/11/09, 9:45 am

6 Answers from Attorneys

RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: sale of owned flat

such type of restrictions are not tenable in the law.

you are free to make sale of the proeprty to any body unless barred by the statue.

you should consult a local lawyer.

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Answered on 6/11/09, 11:33 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: sale of owned flat

You may need to refer to the bye-laws of the society; if any bye-laws is arbitrary or violative of the Act and / or the statutory Rules, you may challenge the same before the authorities under the Act.

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Answered on 6/11/09, 12:26 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: sale of owned flat

You may need to refer to the bye-laws of the society; if any bye-laws is arbitrary or violative of the Act and / or the statutory Rules, you may challenge the same before the authorities under the Act.

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Answered on 6/11/09, 12:26 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: sale of owned flat

You may need to refer to the bye-laws of the society; if any bye-laws is arbitrary or violative of the Act and / or the statutory Rules, you may challenge the same before the authorities under the Act.

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Answered on 6/11/09, 12:27 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: sale of owned flat

Approach DDR or Court for remedy.

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Answered on 6/12/09, 12:51 am

Re: sale of owned flat

Plz check your by laws and rules and regulations of your property. If there is such condition then only they can stop you. Else go ahead and they have to give you NOC else get it from court.

In other situation, you have to challnge those rules before appropriate authority or in High court.

We can help out you in this case.

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We have a team of retired judges and Senior Advocates who can guide you and solve your case efficiently and at your place, anywhere in India.

We have our offices in all the High courts of India and in some selected countries like USA and UK etc.

We strive for your rights.

Good Luck.

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Answered on 6/12/09, 4:12 am


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