Actor Emraan Hashmi, who was refused an NOC to buy a flat in Nibbana housing society at Pali Hill allegedly because he was a Muslim, has one more quarter to turn to for help. The model bye-laws framed by the state government under the Maharashtra Cooperative Societies Act hold that a person does not require a no objection certificate (NOC) from the society at the time of transfer of a flat.

“Bye-law No 38 prescribes a list of documents required for selling a flat, but nowhere is it mentioned that the society’s NOC is mandatory,’’ says advocate Vinod Sampat. “This being the case, there is absolutely no question of needing an NOC in the present case.’’ Sampat also cites a Supreme Court case (Sanwarmal Kejriwal v/s Vishwa Cooperative Housing Society, Churchgate) where the court had ruled that a society could not bar the admission of a member if he met with the qualifications laid down under the bye-laws.

Divisional joint registrar of cooperative societies, Mumbai, M P Kalyankar, agrees with Sampat. “The model bye-laws of March, 2001, are clear that an NOC is not required from a society,’’ he says. He adds, “The 2009 model bye-laws, which will be issued soon, do not contain any such clause either. Apart from this, Section 23 of the Maharashtra Cooperative Societies Act clearly emphasises the concept of open membership, where there is no scope for discrimination.’’

Kalyankar also cites a Bombay high court judgment of 2000 where Justice D Y Chandrachud rejected the contention of St Anthony Cooperative Housing Society which had amended its byelaws to restrict membership only to Catholics. “The judge had clearly stated that the law was in favour of open membership,’’ he states.


THE LAW SAYS

  • Bye-law No 38 under the Maharashtra Cooperative Societies Act does not list an NOC from the housing society among the documents required to sell a flat. A society that refuses an NOC must give its reasons in writing.
  • Section 23 of the Act emphasises open membership and nondiscrimination. A Bombay high court judgment in 2000 rejected the contention of a society that amended its bye-laws to restrict membership to Catholics.
  • In another case, the Supreme Court ruled that a Churchgate society could not bar the admission of a member who met with qualifications laid down under the bye-laws.

‘Hsg societies must adopt 2001 bye-laws’

Mumbai: Advocates weighing in on the alleged discrimination against actor Emran Hashmi by Nibbana housing society in Bandra say some laws may be in his favour, and that a no-objection certificate (NOC) from the society is not mandatory for the sale of a flat.

Advocate D S Wader, former chairman of the Mumbai Housing Federation, says that a society which has not adopted the 2001 model bye-laws can continue to be guided by the old byelaws under which an NOC was needed. Divisional joint registrar of cooperative societies, Mumbai, M P Kalyankar is categorical that all societies are expected to adopt the 2001 model bye-laws. “If at all a transferor or transferee of a flat want an NOC from the society for their personal reasons, the society will have to issue it within a month of receiving the application,’’ says Kalyankar. Adds Wader, “If a society refuses an NOC, the law requires it to give its reasons in writing.’’

When contacted, J P Chhetri, secretary of the Nibbana housing society, told that he was unaware which bye-laws had been adopted by his society.

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50 responses to “Seller do not require NOC from society at the time of transfer of a flat”

  1. G.Krishna says:

    Sir,
    I purchased house at BMC acquired property under DCR 33(7),and I asked BMC to change tenants name after submitting all required documents.They ( BMC ) asked NOC from the society (Vande Matram CO-OP.housing society Ltd Proposed ) which is not registered.The BMC made Annexure-II also. The proposal society is 3 groups,and fighting each other.I requested several times but they are not giving NOC.Pl guide me what to do.

  2. priti prajapati says:

    I have purchase flat by my own money in 2008 at bhayandar east and my son is nominee of the said flat my son who is 18 years 6 months old at the time my husband is not doing job since last 15 years now i want sale that flat but my husband given written letter to society he say that he has objection.
    share certificate and agreement is my name and electricity bill and gas connection also on my name please advice me what to do.

  3. D. J. REALTORS says:

    [19/09 22:06] dj estate: who told you that noc do not require
    [19/09 22:06] dj estate: you go to registration off that officer is asking for Noc first
    [19/09 22:06] dj estate: noc
    [19/09 22:07] dj estate: without noc you will do the registration

  4. devdutt kulkarni says:

    Devdutt Kulkarni says
    23.02.2015

    I have purchased a flat in Andheri east 2 years ago in auction sale from Bank of Baroda.I had given cheque of pending maint.to society.but they refuse to
    accept the cheque. & also denying me to give noc saying that I have purchased
    flat from non member of society. whether I can sell this flat without noc /
    what shall I do for this

  5. devdutt kulkarni says:

    Devdutt kulkarni says:-

    23/02/2015

    I have purchased flat in andheri east 2 years ago, in the auction sale of bank of baroda. But the society is not giving noc to my flat saying that I have purchaed flat from the non member of society.& I am also ready to pay the pending Monthly bulding maintainance to the society. I had also given them the cheque but they didn’t deposit it. whether I sell this flat
    without noc or what should I do further

    devdutt.kulkarni@gmail.com
    vinaya.gold@gmail.com

  6. nisha jain says:

    CAN ANYBODY GIVE ME A REASON AS TO WHY cidco can’t issue NOC by Registered post for motgaging a flat which is built on CIDCO’s leasehold land

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