Is NOC from CIDCO required for transfer of housing membership of a re-sale flat in kharghar ?

Q: Wanted to know if the NOC from CIDCO is required for transfer of housing society membership for re-sale flat. The flat is in a building constructed on plot based on tri-party agreement. The price of flat has been fully paid up to the seller, without any loan, and agreement duly registered.

To give a brief history. after the OC from CIDCO, and after Housing society was formed, just when builder in process of providing conveyance, which he eventually did, one fine day a letter from a lawyer was given at the gate. It mentioned that the set of heir's of original plot owner had put up a court case against Builder, CIDCO and another set of hier's. Former set of heir's were claiming that latter set had shared the compensation with them. We, the members of housing society, consulted a lawyer, who told use this is not unusual in this region, we should not worry, as the case has not been filed against us, unless there is direct notice to us.
But now after few 3-4 years, when resale of flat went ahead, now the present Housing society committee are denying to transfer membership to the new owners, after CIDCO has not provide NOC.

So is NOC CIDCO required for resale of flat not built by CIDCO, and when there is no home loan involved ?. And a housing society deny transfer of membership to the new owner with CIDCO NOC ?

Manoj Puthran,

12th February 2016

Legal in Navi Mumbai

resale flat

noc

cidco

noc from cidco

cidco approval process

cidco approval for resale flats

cidco transfer charges

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Replies (5)

In Navi Mumbai, Secretary of Shahjanand CHS Ltd Sector 21 is refusing to issue NOC to sell my flatfor want tofCIDCO transfer. My Seller has been issued NOC to change the name but wehereas my appln was rejected to change Name on Share certificate of CIDCO. Hence my membership to become a Member of the Society as well as to Sell the flat also. I need advise on this.

Eswari ,

28th December 2020

Comment

Contact Adv Rohit Mobile no.9004050651

Rohit Tandel,

21st May 2022

Mr. Arun jain...without CIDCO transfer all major banks allow housing loan.....you said in your one of reply that except DHFL no any other bank were give housing loan is absolutely wrong statement.....ICIC, IDBI, AXIS, or all major banks are given loan in such cases......you need to confirm this thing from the mentioned banks first before posting such reply.....peoples are got unnecessarily confused or misguided.......
I am the experience holder who opted loan from IDBI-Belapur branch without any trouble.....based on this experience this is my reply.

Nandkishor ,

5th October 2019

Comment

Hello
Sir i am also facing from this problem my building don't having conveyance deed (having only lease deed) with cidco and Major banks deny for housing loan

Manisha Patil,

12th December 2019

I am also not getting loan because of cidco NOC which I can't get because in the absence of Share certificate and conveyance deed.

Anil, Apartment Resident

17th April 2023

Hi,
Co-operative housing society can not refuse to give NOC. But if it refuses, the applicant has the right to proceed against the Society in a appeal. For such matters, it is better to engage a legal experts rather than doing with a shallow.

Dharmaja Patel, Mumbai

4th March 2016

Comment

In short, i want to explain that if you buy any property in Navi Mumbai,you are liable to pay transfer charges to CIDCO.,when you buy from the builder as a first purchaser,you are not liable for transfer charges. Because all land in Navi Mumbai belongs to CIDCO.They only give land on lease (long lease) and hence they are like a giant landlord.

Dev Patel, Mumbai

4th March 2016

Comment

Right Dev,
If OC is in place and society is formed then the building is legal...but without CIDCO Transfer, no bank will give you a loan except DHFL and GIC and other Co operative bank. If you don't need a loan, you can go for it. You will have to pay CIDCO transfer when the conveyance is done.

Arup rajan, Mumbai

4th March 2016

You copy matter from my website and post here as your own. Its called Plagiarism..and thats a crime.
Atleast change some comma and fullstop before copying.

Mayur Panghaal,

21st December 2021

Well, that depends on whether you the buyer or seller of the property and whether you and and buyer before you has paid the stamp duty or not. If the buyer before you has paid the transfer charges, then you don't have to worry. You just need to pay the transfer charges and you are Ok with that. But if the buyer before you has not paid the transfer charges then you are liable to pay it when you purchase it. So make sure that you purchase a flat only after checking that the previous owner has paid the CIDCO transfer charges.

Arup rajan, Mumbai

4th March 2016

Comment

Yes, Arup is right. But you have to remember certain points that if you buy your property from the builder, you don't have to pay transfer charges as it will be applicable after the formation of the society and at the time of conveyance.

Vinay Dixit, Mumbai

4th March 2016

You copy matter from my website and post as your own ?
Thats called plagiarism and that is a crime.
Atleast change some comma and fullstop

Mayur Panghaal,

21st December 2021