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Mihir..... (Wealth Manager)     25 July 2012

Transfer of dispute

A flat is under dispute related to redevelopment. The society is refusing to give NOC for selling this flat. The owner has found a buyer who is interested and who is also willing to take the responsibility of the dispute. In short, the sale of flat will be a transfer of flat and the liabilities/rights/claims related to that flat from the seller/owner to the buyer.

 

Is this possible? Can a disputed flat be sold and the new buyer knowing fully well taking the responsibility of the dispute?

 

Thanks



Learning

 2 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     30 July 2012

yes, if he is interested lrt him purchase but never accept for any indemnification clause to be added in sale deed and if possible mention the dispute in the sale deed.

Mihir..... (Wealth Manager)     30 July 2012

Thanks Mr. Rao,

What if the society refuses to transfer the flat? Can one get a order from the registrar of society to sell the flat when the flat is in dispute? How to counter the objections of the society?


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