Team Herald
PANJIM: The High Court of Bombay at Goa has directed that a NOC for registering a sale deed pertaining to the sale of undivided share in a property is not required.
While hearing a writ petition filed by a couple in respect to a plot at Pernem, the Division Bench of Justices Mahesh Sonak and Nutan Sardessai observed that Section 49 (6) of the Town & Country Planning Act, 1974 does not apply for the registration of a sale deed of undivided rights in a plot, which is as per the survey plan and has development permissions for sub-division from the Planning and Development Authority.
The petitioners Gajendra Desai and wife Radhika had approached the court asserting the sale of an undivided share in the property at Pernem. They stated that Sub Registrar at Pernem was not justified in refusing to consider their case for registration of the sale deed, for want of NOC under the Act.
Counsel for the petitioners Advocate Jagannath Mulgaonkar had argued that the law did not have any such requirement and as such, the demand by the Sub-Registrar was arbitrary and illegal. On the other hand, the State opposed the petition on the ground that by allowing such registration, the purchasers will seek to bypass the provisions relating to sub-division of plots.
While giving the verdict, the bench also mentioned that even if the sale deed of an undivided share of a plot as per the survey plan is ordered to be registered, that by itself will not amount to sub-division of such a plot. “If therefore, as contended by the Advocate General, subdivision is indeed necessary before permissions are granted for construction or development of such plots, then such requirement if any, will continue to operate notwithstanding the registration of such sale deed without any NOC under the Act,” it said.
