What types of NOC you are referring is not understood. I have bought a flat in Thane and one in calicut. We have not received any NOC. Once work is completed, Electricity meter and water connection is provided and all other infrastructures and amenities are completed almost the builder would hand over the key to you. Then you can start occupying your flat.
Normally the builder will run the society including security, maintenance etc., for a period of 6 months and register a society / association and will handed over to your members. In case, if he is not willing to form a society and hand over to you, then you can form the society / association and register with Registrar and will allocate you a number.
Initially you will have to call for a meeting of all owners. At least 2/3 members should be available. From this you will have to elect a President, vice president, Treasurer, secretary, joint secretary and executive member. Minimum 7 persons should be elected initially. Then your agenda and meeting should be endorsed in a register and all members have to sign with their name as given in the records.
point No. 2 - Collect sample bye-laws (2/3) from the legal office or from other society / association and see what are the terms and points required by your members.
Select those points and prepare your own bye law with your society / association name, address, office address and other details of selected members as required by you with a list of all members with their Flat No / Villa No / House No.
Then go to a legal agent office who are working with Registrar office and you tell them your requirement and they will prepare an affidavit on a stamp paper ( in kerala it is on Rs 500/-) and will notarize and give to you. Then you approach to registrar office with this affidavit and copy of your bye law. (The bye law should be signed by President, Treasurer and Secretary in each page). Then they will tell you the next procedures and other details. Once you have formed the society and Registration is obtained, then builder can not play with you. more
Normally the builder will run the society including security, maintenance etc., for a period of 6 months and register a society / association and will handed over to your members. In case, if he is not willing to form a society and hand over to you, then you can form the society / association and register with Registrar and will allocate you a number.
Initially you will have to call for a meeting of all owners. At least 2/3 members should be available. From this you will have to elect a President, vice president, Treasurer, secretary, joint secretary and executive member. Minimum 7 persons should be elected initially. Then your agenda and meeting should be endorsed in a register and all members have to sign with their name as given in the records.
point No. 2 - Collect sample bye-laws (2/3) from the legal office or from other society / association and see what are the terms and points required by your members.
Select those points and prepare your own bye law with your society / association name, address, office address and other details of selected members as required by you with a list of all members with their Flat No / Villa No / House No.
Then go to a legal agent office who are working with Registrar office and you tell them your requirement and they will prepare an affidavit on a stamp paper ( in kerala it is on Rs 500/-) and will notarize and give to you. Then you approach to registrar office with this affidavit and copy of your bye law. (The bye law should be signed by President, Treasurer and Secretary in each page). Then they will tell you the next procedures and other details. Once you have formed the society and Registration is obtained, then builder can not play with you. more
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The NOC is from Builder/developer and OC is from the Local Authority i.e. Municipal Copr. Pl. ref. the Agreement carefully, I am sure it will have the detailed work who is going to do what. more
Mar 15
Absolutely Vikas - well articulated ! Here I would also put that the conveyance deed is very important part (atleast in navi mumbai) and there are just 2-3 society which has it ....rest of them have hired lawyers .....no outcome .....so while you can occupy the flat the management committee which is formed should be able to get the deed or the builder should give the same "ideally" more
Mar 15
Pl. ref. the very agreement you entered in to wherein the Builder/developer had to comply so many things for which he had taken money from you and legally bind. This includes NOC, formation of Society and its membership, OC etc. for which you have to run from pillar to the post = subsequently. Efforts to be made for complaisance to the effect. Particularly for your Thane flat if you are facing any problem - pl. feel free to contact. superbom4@gmail.com / 7738124346 more
Mar 12
two major documents which are required - one before you take over the flat or move in is the "NOC certificate". The second when you have occupied and your society has to push for is the conveyance deed. more
Mar 09
It is only after receiving the completion certificate / occupancy certificate from the CIDCO/corporation/ municipality, that the flat owner is allowed to take possession of the flat legally. It is incumbent up on the Builder to hand over possession to the flat owner and get the society formed by the owners and transfer all documents required with maintenance charges collected ( also society registration charges if collected ) within the requisite period. There after the society will be managing all affairs of the building/s. more
Mar 08
