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Noc from society

(Querist) 26 October 2014 This query is : Resolved 
my sister want to purchase the residential flat in co-op society .she also approached to bank finance to purchase residential flat .
she has asked for NOC which issued by society and requested to seller to deliever it before paying consideration .

seller has ready to give noc from society after paying 1 lacs rupees as a part of consideration.

is this cover under normal practice ? can seller give noc before token ?


pl guide me how to convey to seller to give noc to my sister for her further action
ajay sethi (Expert) 26 October 2014
it depends upon agreement between parties . it is not necessary that advance money be paid before society issues NOC for sale of flat .
ajay sethi (Expert) 26 October 2014
it depends upon agreement between parties . it is not necessary that advance money be paid before society issues NOC for sale of flat .
Sailesh Kumar Shah (Expert) 27 October 2014
Once you have written that seller is ready to give noc and in another para you have written how to convey to seller to give noc ?

please clarify to get reply.
Rajendra K Goyal (Expert) 27 October 2014
All depends upon the terms of agreement.
Raj Kumar Makkad (Expert) 27 October 2014
There is no such practice. I suggest not to become agree to pay such huge amount prior to getting NOC from society.
Devajyoti Barman (Expert) 28 October 2014
The terms of the agreement needs to be referred to for replying the query.
malipeddi jaggarao (Expert) 29 October 2014
If the NOC is given by the society, what is the problem for the prospective seller to co-operate and give copy of NOC to your sister for processing her loan application in the Bank?

Please go by the advice of learned expert Shri Rajkumar ji Makkad.
T. Kalaiselvan, Advocate (Expert) 29 October 2014
The demand is unjustified, do not fall prey owing to your urgent necessity.
hdshardik (Querist) 30 October 2014
thank you to all experts for lighting the knowledge on above my sister concerns .
hdshardik (Querist) 30 October 2014
My sister further expressed and informed that there is the stamp duty paid on the conveyance deed which is registered at 1973 . last chain of title is registered at 2002 from whom my sister supposed to plan to purchase the property . on the share certificate there is name of the owner but 2002 agreement is signed by the person whom the power of attorney is given . on the property tax and property card name of the society is not transferred yet where the conveyance deed is executed and registered at 1972 .

what is the risk is apprantely seen from the fact .

On asking to show the original paper of OC or completion certificate , or conveyance deed , society has none of the documents .society said that the paper are lost by turminated or lost .

dear sir , how you see this fact for go further in this deal ...
ajay sethi (Expert) 02 November 2014
forget it dont purchase the flat . no bank is going to sanction you loan if society does not have original documents .
Raj Kumar Makkad (Expert) 02 November 2014
This is totally a riskily issue wherein even the name of the seller is not entered in the record of the society and original documents are missing.


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