NOC from society - That title to the said land and the building thereon is clear, marketable and free from all encumbrances and doubts.

Q: Current status : Society is registered but Conveyance deed is not yet complete.

For Bank loans, member asks for NOC that has the following clause ..

That title to the said land and the building thereon is clear, marketable and free from all encumbrances and doubts."

Under this circumstance, what supporting document(s) the Society should have to make such a statement in NOC ?
Is the Society even has the legal authority to make such a statement specially when the conveyance deed is not complete ( and hence society is NOT the legal owner of the land).

Request legal experts to provide advice in this regard.
regards,
Mihir

Mihir K Tunga, Apartment Resident

24th January 2013

Legal in Pune

noc society

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Hey, I found this article- How To Avoid Rejection of Home Loan application on home loan helpful. You can also go through it. Hope it helps!

Shantanu Kumar, Mumbai

5th February 2013

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Hi Mihir, there are certain reasons as to why builder has not applied for conveyance deed. Some are- 1) original owner not clearing liabilities finds it difficult to get certificate under Section 230 (A) of IT Act. 2) Internal disputes between family members or trustees. 3) Difficulty in getting a certificate Urban land (Ceiling & Regulation) Act, 1976. Check if these are any of the problems causing the builder for not getting the deed.

Praveen Modi, Mumbai

5th February 2013

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