Lodha Builder charging for NOC for reselling - Lodha Palava Mumbai

Q: Hi,

I have resold a flat in Lodha Palava ,Mumbai of which I have possession. There is no OC and no society has been formed.

Lodha has asked for NOC charges in cash and not in cheque.

They said that even bank like ICICI, HDFC etc. can not give loan. Is it true?

Is this NOC and these charges valid.
And does buyer and seller has to bear 50:50?

I am salaried.

Anuj Vyas,

23rd October 2015

Legal in Mumbai

noc

lodha palava city

builder noc

noc charges

lodha palava city dombivli east

Follow Discussion

Also see discussions for

Mumbai Legal Legal in Mumbai

Replies (5)

Any one in Casa Bela Gold Platina B wings again builder extended possession date. any one there to updated actual.

pavan, Mumbai

10th November 2015

Comment

Hi,
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). As Maharashtra CM Prithviraj Chavan declared in 2012 that it is a illegal activities by the builder for pressurizing flat-owners to seek NOC.

Padma G, Mumbai

29th October 2015

Comment

This is just a news and not going to help us ... because NOC is not required to registration but it required for Home Loan ... and builder will charge for the same. so if govt. want to help the people then ask then to tell banks not to ask for NOC from builder for home loan.. or else this may be just a political stunt ....

Dhiraj,

28th October 2015

Comment

Hi Anuj,
The builders threaten that upon non-payment of transfer charges, the buyer would not be able to sell off the flat. This is a punishable offense under Section 384 and 385 of Indian Penal Code (IPC).

The undue influence exerted by the builder is prohibited by Competition Act, 2007. Imposition of unlawful transfer fees by builders is deemed "abuse of dominant position" as defined under section 4 of the Act.

Bikram, Mumbai

28th October 2015

Comment

Hi,
Real estate in India has been criticized for the lack of transparency and the unfair advantages exercised by big builders. One of the major issue faced by apartment owners in India is that whenever they want to sell any flat owned by them, they are asked by the builder to pay a transfer fee before they can sell off the flat. Usually the amount asked as transfer tee is big and the owner has to part with a large sum of money due to the unfair demand on the part of the builder.

My advice to you don't pay any charges in cash, always pay in cheque as it will have written proof for you. At the same time NOC is a required document to resale property and for availing bank loan. There is no legal basis on which a builder can levy transfer charges on the apartment owner.

Rakshit, Mumbai

27th October 2015

Comment