Is noc required from builder for a resale flat ?

Yes sir. Regards, Balachander Reddy Advocate, Mobile# 9959850723, HYD.

If you are in Maharashtra and if a co-operative housing society is formed you have to get NOC from the Society. If the Society refuses NOC, it has to give valid reason for the same. Somrtimes societies refuse NOC without valid reason. In such cases if the aggrieved member complains to the registrar, he will ask the Society to give reason for refusal. If no valid reason is given the registrar can order the transferee admitted as a member.  In your case the society is yet to be formed. I suggest that you apply to the builder to give NOC. If the builder refuses NOC without valid reason, you file a complaint before the consumer court under "Unfair Trade Practice" by the builder. The consumer court will decide the case on merits.

You can go to consumer court in Hyderabad also. The principle is that any refusal cannot be arbitrary. If you are sure of yourself and is prepared to take risk, you can purchase the flat, occupy it and then fight in the consumer court. But all that I stated should be complied with.

may I know what is the use of Builder NOC in case of resale of flat where housing society has not formed. I discussed with financila institutions where they said they don't require NOC to disburse the loan amount to the buyer. Then what is the use of this NOC in future? Kindly advice on this.