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How to resale of flat in cooperative housing society, where society (not builder) has sold flat to individual owner?

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When reselling a flat in a registered Cooperative Society, follow these steps to ensure a smooth transaction:

  1. Obtain the following essential documents:

    • Share Certificate

      : The housing society’s share certificate bearing the seller’s name.

    • Previous Chain of Conveyance/Sale Deeds

      : These prove the property’s ownership history.

    • Sub-Registrar’s Receipt

      : Evidence of property registration.

    • 37 (I) Clearance

      : Required in certain cities.

    • 230 A Certificate

      : Obtainable from the Income Tax Authority.

    • Original Stamped Receipts

      : Proof of payments made to previous sellers.

    • No Objection Certificate (NOC)

      from the Society for transfer and sale of the flat.

    • Last Receipts

      : For outgoings and electricity bills.

    • Society Transfer Forms

      : Needed for ownership transfer.

    • Certificate of Title

      from an advocate.

  2. Seller’s Responsibilities:

    • Ensure you have an

      NOC

      from the Society.

    • The NOC confirms that the Society has no objection to transferring the share certificate to the buyer.

    • It also indicates that you have no outstanding payments to the Society.

    • The agreement for sale begins only after obtaining the NOC.

  3. Buyer’s Priorities:

    • Verify the seller’s latest payment receipts to the Society.

    • Confirm that the property is not mortgaged.

    • Ensure the agreement states that the mortgage account is clear.

  4. Additional Considerations:

    • If the Society is not registered or the property was originally allotted by a development authority:

      • Check the previous chain of agreements with past owners.

      • Obtain the original letter of allotment issued by the development authority.

Need help with legal scrutiny of property documents? Check out NoBroker Legal Services here

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