Sale deed / NOC
Mark
(Querist) 27 February 2011
This query is : Resolved
I had purchased a flat from the builders/developers in Nashik vide agreement dated 26-Mar-1998. I had completed all payments to the builder before the agreement.
Although a society has been formed but could not be registered as the builders have not done the conveyance yet. Therefore, I understand that my property is under builders registration and not under society.
As I intend to sell my flat, purchaser dropped out because banks refused sanction his loan as sale deed is not available. When I contacted the builders for NOC, he has refused to give for the reasons that one of the flat owner owes his dues and the bank which financed that flat has been auctioned.
Whatever are his reasons, there is nothing pending from my side.
a) Is the builder right in holding back my NOC or sale deed for last 13 years and holding me at ransom?
b) Is there a law which out-does these hurdles by the builders and gets me instant justice?
c) What am I suppose to do next for an urgent solution (as I need to sell this flat for I have settled in another all this while).
d) How can we straighten crooked mentality of such builders for holding people ransom?
Highly appreciate your urgent advise.
(agreement scan copy is available, in case needed for reference)
Regards,
Mark
Adv Akhtar Ali Sheikh
(Expert) 28 February 2011
Even if the conveyance had not been done in favour of society you should have had the agreement registered with the builder.
I presume you have share certificate of the society , try to find another buyer and sell it to him who is willing to pay outright. You need not revert to the builder.
Moreoever you may have to pay stamp duty (after adjudication) on your agreement and the same you may get unilaterally registered with a declaration deed with your agreement annexed.
