Legal Question in Real Estate Law in India

ULC Clearance

I am having one question. I am purchasing one Re-sale flat in Borivali. Its 14 years old society. Society is Recognised and having OC clearance from municipal corporation. Now that land is under ULC (Urban Land ceiling ACT) which was beloging to government. In the agreement there is one clause that ''the said flat cannot be sale or gift to any other person''.

No fixed period is mentioned by the government in the document.

So should i demand the NOC from the government. The share certificate is already transfered in his name by society. He is ready to give me indemity bond,

Please guide me should i ask for NOC from the government.


Asked on 1/17/08, 3:34 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: ULC Clearance

You need to find out following:

Whether flat proposed to be purchased by you is out of flats allotted to Govt or out of free sale flats?

The response would be according to the status.

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Answered on 1/18/08, 12:33 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: ULC Clearance

You should demand a NOC or the title certificate to check that property is free from all encumbrance or reasonable doubts and it is totally marketable.

In case of need please contact alongwith details.

Professional charges are applicable.

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Answered on 1/18/08, 2:06 am

Re: ULC Clearance

It is advised that you ask NOC or permission for sale.

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Answered on 1/17/08, 11:34 am


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