- This topic has 11 replies, 7 voices, and was last updated 1 year, 3 months ago by
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UHey Reddit, I need some advice on a frustrating issue with my housing society.
I own an apartment in a building and purchased a parking space separately after buying the flat. Later, I sold the parking to another society member who needed it, and my apartment buyer was fine with this arrangement. We informed the society about it, but they refused to issue an NOC for the parking sale, claiming that some law doesn’t allow it.
Now, I’m selling my apartment, but the society is refusing to give me an NOC unless I sell the parking to the flat buyer. The problem is:
• My sale agreement doesn’t mention the parking since it was bought separately.
• The society’s conveyance deed is not done yet.
• As per the builder’s records, the parking is already allocated to the person I sold it to.I feel like the society is unfairly blocking my sale and causing me unnecessary loss and inconvenience. Do I legally need to sell the parking with the flat, or can they force me to do this? Any legal insights or advice on handling this situation would be really helpful!
Thanks in advance!
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ENot sure what’s the local law, but why do you need a NOC from society to sell your flat, what kind of control is this lol
We sold our flat without problems in a tier 1 city.
Unless it’s a govt law, you don’t need any NOC from anyone. Your property, your decision.
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UAs this apartment is in a Housing society and in Maharashtra state we require can NOC from the society
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RNo NOC needed, it’s just helpful to the buyer to get a proof of no dues,
As for the transfer of flat, if no duesRegister the conveyance deed & ask the buyer to apply for share certificate/ and transfer in society records with transfer fee of maximum ₹25000.
If the CHS denies it file a complaint with the registrar regarding this , he will ask the CHS for show cause, if no cause then proceed with the transfer .You can search for the same on web and get similar opinions. Also read the By Laws of Society as well as the one on government website (any latest gr regarding this will be applicable)
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RSince the parking has been already allocated to the person whom you sold it to, why are you bothered with it. There’s nothing to do over here
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UThe society won’t provide me a NOC to sell the flat even after giving the transfer fee as they are forcing me to sell the flat with the allotted parking space but I can’t do that as it’s already sold.
As per society committee If I don’t sell the parking space to the new buyer I can’t sell my flat.
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QHow did you exactly “purchase” the parking? Can you elaborate? I think parking is considered as a american and one cannot “sell” parking. It can only be alloted by builder/society.
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UYes an Allotment letter was provided by the Builder which I later gave to another society member (I.e sold ) who needed it and updated it in society list.
The allotment was more like first come first serve when we purchased the flat and builder asked for some additional amount for the parking space.I hope this helps
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UYes NOC is needed even more if the buyer is funding through bank loan . Selling car park space separately by the builder in all cash is usual . In case of Mumbai municipal rules car parking space atleast 1 car is an essential amenity which has to be part of flat purchase . And here is the dilemma which the society may face , as in future it will be their responsibility to offer the same . So it’s. confused situation. Right now the only option is you ask the new buyer to give an undertaking that he has no requirement for parking space nor he will insist in future , attach it along with a sale document . I hope this will pacify the society
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FI don’t think parking can be bought or sold without the actual flat to which the parking was allotted also sold in the process. Do note that parking in itself is not a separate entity and no share certificate is allotted for parking. Parking is allotted to a flat through an allotment letter. The member to whom parking is allotted cannot sell the parking to any other member unless the flat is also sold. So in that respect your society is correct in not issuing you an NOC unless parking is also part of the sale process.
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