It will not be mandatory for flat-owners and housing society residents to get NOC (no-objection certificates) from builders while selling or transferring their property, Maharashtra Chief Minister Prithviraj Chavan has said.
"There is no need for flat owners to seek NOC from builders before sale or re-sale of flats. There is no such provision in the Maharashtra Ownership of Flats Act (MOFA)," he said.
Chavan has said such illegal activities of pressurising flat-owners to seek NOC must be stopped.
The decision has been taken following complaints received by the chief minister about flat owners being prevented from sale or re-sale of their flats on ground that an NOC from builders is required.
It was also brought to Chavan's notice that after the building is constructed, formation of co-operative housing society and conveyance deed (transferring the land on which the building stands) to the housing society, is delayed.
Builders fleece flat-owners by demanding charges per square feet for transfer of flats and NOC for re-sale.
Flat-owners should bring to the notice of the government instances of government offices or officers asking for an NOC during sale or re-sale of flats. Flat-owners in buildings where the conveyance deeds have not been effected should get in touch with district authorities, Chavan said.
Builders are making money and all PSU banks are helping inthis free run. India's premier PSU bank SBi also demands a NOC from the builder even if the flat is registered and all dues cleared . The bank and it's staff are so adment that they in turn put pressure on the buyer to seek this document. In there view all other documents like the Registered agreement, Index II stamp duty receipt is of no use till the time the builder provides the NOC. In fact SBI lawyers go ahead and make a statment that the seller without NOC is not the rightful owner.