Gautam Law (Student) 03 July 2014

Transfer of membership in housing society

I have a flat purchased in December 2013. The Society was yet to form then and hence I have taken a NOC from the builder in August 2013.

Now the society has been Registered in October. However, the conveyance deed is still pending. I believe in this case, the NOC for transfer needs to be obtained from the builder for transfer, which I already had. Now as the society does not have an authority to issue a NOC for sale of flat and cannot even issue the share certificate in my name. The seller has sent an application to the Builder to transfer and issue the share certificate in my name(new owner). But the builder did not respond to that.

Kindly advise if I shall approach the society and get it done or how shall I go further.

Thanks in Advance.

Regards,

Gautam

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2 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant) 03 July 2014

Is the NOC of the builder part of the registered document under which you have purchased the flat?

Builder won't issue you the share certificate, the same will be issued by the society. It is immaterial conveyance has as yet not been done in favour of society - that is a separate matter.

Approach the society with the noc and registered document and the noc of the seller, society would have to transfer the same directly to your name or will issue the name of the seller and then endorse your name on it.

Gautam Law (Student) 08 July 2014

Thank You so much Sir. NOC from the builder is not a part of the registered document. There was another transfer which took place in my building, wherein society could not issue a NOC since the conveyance deed was not executed and the NOC was obtained from the builder. The society demanded 50000 from the purchaser. I want to avoid this since I have a NOC from builder. I have an understanding that if the conveyance deed is not executed the builder is the sole owner of the entire premises and need NOC from builder for any transactions (This is what I understand. Please correct me if I am wrong).

Can I demand a share certificate from Builder or Society free of cost? Please help.