transfer noc for sra flat transfer noc for sra flat

9 months ago

i want to purchase a sra flat (16 years old). but the person from whom i want to buy has bought it from the 1st owner within 3 years when the building was built. all registration of the place and stamp duty was done but there was no transfer noc to the present owner. how can he get the noc and once that is done do i need to have noc?

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
When purchasing an SRA Flat, there is a specific procedure that must be followed. The Maharashtra Slum Area Act 1971 and the Development Control Rules (DCR) regulations state that one cannot buy or sell a flat for ten years after the date of receiving the possession letter. So, in view of the above condition, a question may arise, how can the present seller of the SRA flat buy the same within 3 years during the lock-in period from the first owner? So, in the absence of NOC for transfer from the SRA (Slum Rehabilitation Authority), the present seller claiming to be an owner got no title to the property. So, having no title to the property or NOC of the concerned authority, he cannot sell the property to others. In the prevailing situation, you need to consult the matter with an Advocate for further clarification and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,

To transfer a No Objection Certificate (NOC) from the previous owner to the current owner of a property, you generally need to follow these steps:

Obtain the original NOC: The previous owner should provide you with the original NOC document. If it is misplaced or lost, you may need to contact the relevant authorities or agencies involved in issuing the NOC to obtain a duplicate copy.

Verify the NOC: Review the NOC to ensure its authenticity and validity. Check for the date of issuance, relevant details about the property, and any conditions or restrictions mentioned in the certificate.

Prepare the transfer documents: Create a set of documents required for the transfer process. This may include:
a. Sale Deed or Transfer Deed: This document records the transfer of ownership from the previous owner to the current owner.
b. Affidavit: Prepare an affidavit stating that the previous owner has no objection to transferring the NOC to the current owner.
c. Identity and address proof: Both parties should provide their identification and address proofs, such as Aadhaar card, passport, or driver's license.
d. Property documents: Gather all relevant property documents, including the original sale deed, possession certificate, property tax receipts, and any other supporting documents.

Prepare a NOC transfer application: Create an application requesting the transfer of the NOC from the previous owner to the current owner. Include details such as the property address, previous owner's name, current owner's name, and the reason for the transfer.

Visit the concerned authority: Contact the authority or agency that issued the NOC or handles property transfers in your area. It could be the local municipality, development authority, or any other relevant department. Inquire about the specific process and required documents for transferring the NOC.

Submit the documents: Visit the authority's office and submit the application along with the required documents. Ensure that you have both the original documents and copies for verification purposes.

Pay any applicable fees: There may be fees associated with transferring the NOC. Inquire about the fees and make the necessary payment as per the authority's instructions.

Follow up and obtain acknowledgment: Keep track of your application's progress and make regular inquiries to ensure the transfer process is moving forward. Obtain an acknowledgment or receipt for your application submission.

Collect the updated NOC: Once the transfer process is complete, collect the updated NOC from the concerned authority. Ensure that all the necessary details are correctly mentioned in the transferred NOC.
It's recommended to consult with a local real estate lawyer or contact the relevant authority for precise instructions and guidance throughout the transfer process.
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