In a major
relief to flat Buyers and Society Residents, according to the State Government,
there is no need for a No-Objection Certificate (NOC) from the Developer for
sale or transfer of flat (resale) in a fully constructed building.
The State
Housing Department has issued an Official Communication in this regard after
coming across cases, where the Developers have illegally collected the money
from flat Buyers for providing such NOC’s.
The
Department claims to have received complaints stating that the Developers had
collected upto Rs.500 per sq.ft. in such cases of transfer of a 540 sq.ft. flat
Buyers are forced to cough up an additional Rs.2.7 lakh or so. According to the
Department, there was no requirement for NOC under norms mentioned in the
Maharashtra Ownership of Flats Act (MOFA).
The MOFA
norms requiring formation of the Society and conveyance of the plot to the
Society within a stipulated time after completion are not being observed in a
very large number of cases. Recovery of illegal amounts in the name of NOC for
sale or transfer of flats is being reported in several cases.
The
Department has also written to the Inspector General of Registration, asking him to ensure that Officials in the
Registration Department register sale documents without insisting on the NOC
from the Developers. The Departments says, it has received complaints, where
Officials have refused to register the documents without the NOC.
The Cidco,
which has leased out a number of properties in Navi Mumbai, has also been asked to ensure that Developers of these
plots comply with MOFA norms. The Department has sought Cidco’s opinion on
whether its permission was needed for transfer/sale of flats for plots leased
by it. The Department is of the opinion that the permission-insisted upon at
present is not required. The Government has urged Societies, where the
Developers haven’t conveyed plots within stipulated time to apply for deemed
conveyance.
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