Can An Noc Validate Any Change In The Ownership Of A Flat?

About 4 years again, the possession of 1  of the flats in a housing society the place I’m the secretary was transferred on the premise of a no-objection certificates (NOC) and an commercial in an area newspaper. The flat proprietor died intestate and the heirs haven’t registered any settlement deed. Is this a legitimate switch? 

— Name withheld on request


We assume that the proprietor was a Hindu and he was ruled by the Hindu Succession Act, 1956 on the time of his demise. Since you will have knowledgeable that the proprietor died intestate i.e. with out leaving a Will, his properties would devolve upon his heirs as per the Hindu Succession Act. Legally, if an individual dies intestate, for affecting the transmission of the deceased property, a succession certificates or letters of administration must be obtained by a courtroom having competent jurisdiction.

However, within the current state of affairs, we imagine that there was no switch of the premises however a transmission that was finished after the demise of the proprietor in favour of certainly one of his heirs, and to conclude the identical, the beneficiary will need to have obtained a NOC from the opposite heirs and printed a newspaper publication in respect of the identical. Since the events have already acted on the aforesaid transmission and there was no dispute or declare that was raised by any third get together/ies or different members of the family up to now 4 years, there will not be something that the society at this stage ought to or should do.

I’ve just lately bought a flat in a Mumbai condo advanced that’s 28 years previous. The property doesn’t have a conveyance deed. What processes ought to the housing society observe on the time of its redevelopment?

— Name withheld on request


The society just isn’t having a deed of conveyance in its favour would imply that the developer/ authentic proprietor nonetheless has sure rights within the property being the land together with the constructing construction standing thereon. However, this place must be factually checked from the agreements which the developer/ proprietor executed with the purchasers of the flats within the constructing.

In any case, the duty is on the developer/ proprietor to finish his title and convey the land together with the constructing/s standing thereon to the society.

Any redevelopment venture can’t happen till the conveyance of the property is in favour of the society. 

The society ought to ideally and legally apply to the competent authority with essential paperwork on the earliest for a deemed conveyance. This would give the society a authorized title and possession of land, and in addition growing rights 

Aradhana Bhansali is companion, Rajani Associates.

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