December 14, 2016
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2:22Now PlayingExpert: Aditya Pratap, Advocate, Bombay High Court.
Question: I want to buy a flat. The seller has given all the papers except NOC from the society when he bought the flat. Otherwise the papers are in order. The buyer may face any problem in future; say during the time when he wants to sell the same? The buyer was on leave and licence basis for one year in the same flat.
Answer: Under the Maharashtra Co-operative Society Act, a housing society only owns the common areas of the building. They have no right and title of the flat sold. The flat is the soul property of the owner. If the owner is selling you the flat then neither the society nor any third person can obstruct the sale of that flat. If society refuses NOC, seller can lodge complaint.
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