Check the status of housing societies before buying/selling such property

[Arvind Padmanabhan]

Dear Friends,

This is regarding a House Building Co-operative Society. This mail is to warn people not to get cheated by real estate brokers and others who claim to manage defunct societies.

My mother was allotted a piece of land from a society in the 1990s. Today she's planning to sell this land. According to the old sale deed, she has to get a No Objection Certificate (NOC) from the society.

I  found that this society no longer exists. Government document mentions the society as Defunct. I referred to an official document from the government: http://sahakara.kar.gov.in/Doc/List%20of%20Soc%2031-3-2018%20R%20&%20E.xlsx

I want to bring to your attention that buyer is insisting on NOC. Real estate brokers are able to get in touch with "some person" who is able to issue the NOC at some price. I believe this is a money-making racket. Some questions I have:

1. How can someone issue NOC when the society itself is defunct?
2. Will such an NOC be valid in a court of law?
   
3. What happens if we sell the land without such an NOC and the society is later revived (is this even possible)?
   

Regards,

Arvind Padmanabhan

[Ajit Naik]

Thanks Sir for forwarding the email. I am not able o open the link. Has anyone in tte group tried for opening the link?

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[Arvind Padmanabhan]

Hi All,

The link to the document is valid. But the content is in Kannada. To view the content correctly, you need to install Kannada font Nudi on your computer: Nudi 4.0 Download - Nudi.exe

Regards,

Arvind

[Shiva Kumar]

Dear Mr.Arvind,

The sale deed must be unconditional.  The Vendor cannot impose such conditions which takes away the absolute right of the purchaser, since the sale is against a valuable consideration.  Its the onus of the purchaser to go through the draft sale deed before signing the original deed.  generally, the purchasers do not read the draft sale deed and blindly sign the registered document out of trust.  

Its always advisable to vet the draft before signing the registered deed. 

In your case, this clause which talks about getting an NOC from the society is void since it is illegal. But since your mother had signed the registered deed, she has agreed to this clause and hence the best remedy is to seek legal relief from the court. 

Thanks & Best Regards

,

Shivakumar
Advocate  
No.483, Ground Floor, 'F'Block,
Sahakaranagar,  Bangalore - 560 092.
Mobile: +91-9731000789.
e-Mail: legaladv...@gmail.com

[Vittal B R]

Hi

Yes legal recourse is the only way out. The court can overrule this clause and you will be safe in case in case any future claim.

Thanks 

Advocate Vittal B R

9845404183

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