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chandra (uyu)     25 June 2012

Noc from developer of the plot for selling

I am planning to purchase a property developed by Telecom employees association. The said property is sold to the member of the association by way of absolute sale deed. Subsequent to that it has changed hands 4 times through absolute sale deed.

There is a clause in the absolute sale deed where Telecom association is the seller (Mother deed). The clause mentions that if the buyer(i.e., member of the association) wish to sell the property he needs to take No Objection certificate (NOC) from the Telecom Association.

My question: Is this clause enforceable by law as this is an absolute sale deed and buyer has paid the market price to the Seller (Telecom Association). Also, there is NO restriction of lock in period to sell the property.


The person who is selling to me  (4th owner since the layout was formed) doesn't have this NOC

Please clarify:

1) Should I need to approach the association for NOC

 

Thanks in advance for the response.



Learning

 1 Replies

Anil Sood (Self Employeed)     26 June 2012

Inspite of absolute sale, some associations are working for day to day upkeep, development of common areas and regularisation of that area. The such registered associations have there own set of by-laws. They may had fixed some monthly charges for the same. Therefore you should must go for NOC from the Association


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