Legal Question in Real Estate Law in India

socy NOC for buying redeveloped flat
I am planning to buy a redeveloped flat belonging to a member in a building which was redeveloped just last year. The socy has given a NOC stating that they have ''no objection'' to the sale of the flat. Usually the socy writes in a NOC that ''the subject flat is not mortgaged and free from encumbrances'' which they have not done in the present case.
Do I have to insist for mentioning about the mortgage clause or a plain NOC as given by the socy in my case is enough for me to buy the subject flat ?
Does it mean that the flat is not mortgaged if the member has the original share certificate with him. What other documents can I ask for in original if I have to ensure that the flat is not mortgaged ?

Asked on 11/02/07, 4:26 am

Shrichand Nahar S.V.Nahar, Advocate

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Re: socy NOC for buying redeveloped flat

You need to have title investigated. Appropriate procedure would be to appoint a lawyer and proceed further.

Answered on 11/02/07, 4:41 am

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