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

  7. bhushan says:

    my client his sale the flat society

  8. Dinesh Narodey says:

    I have a flat at Mohan Plam, Badlapur (e), previously I had taken housing loan from GIC Finance. I have paid full amount to builder and taken a peaceful possession. Since the rate of Interest of GIC was 12.5% so I transferred my housing loan from GIC to Indiabulls, Indiabulls has sanctioned and transferred my outstanding loan to GIC. As per procedure
    Indiabull asking me NOC from builder for mortgage the property. I have collected the Original NOC which was provided by Builder for GIC previously. I had visited Moham Plam office, badlapur and met the accounts people and try to submit the Original NOC,which was previously issued by MOHAN GROUP (Builder) to GIC, and requested them to issue me fresh NOC in the name of Indiabulls, since I have transferred my Home Loan from GIC to Indiabull but they are asking me for Rs. 10000/- for issuing NOC in the name of Indiabulls. They informed me that this is procedure of Mohan Group and Rs. 10000/- is charges for issuing new NOC.

    Can builder charge me Rs. 10000/- for issuing only NOC?? Since I have already paid 100% payment to builder (mohan Group) and taking possession. Is this legal charges??? Please advice.

  9. ARUN SHIRALI says:

    I was paid transfer fee Rupees 25000/- to society, but I am still not paid stamp duty & registration fee, so that they (society ) are still charged me noc (NON OCCUPATION CHARGES), I am requesting to society please cancle my NOC but they (society) ask me about any laws or rule. please send me the solution by laws.

  10. pranav says:

    i bought a flat in sakinaka 1bhk after the agreement and everything i want to transfer the flat on my name but my society is asking rs 70000 as noc i just wanted to know that weather they r charing the right amount

  11. subhasis Mitra says:

    hi… i am facing a problem to sell my flat. i am selling my flat, but the builder is asking me 10% of the aggreement value as the charge for NOC.Society is regeistered but builder has not convey the society to run.now bank need NOC to process…Please Help.

  12. hariharan says:

    One Member in our Society did some modifications without any prior intimation to Society. Apart from this,the work did by the Member was against the basic rules stipulated by the Society.i.e. disturbing RCC structure of the Building. He has now approached for an NOC for the Bank Loan. The Managing Committee convened a Speical General Body and an MOU was reached between the Member and Society he will rectify the work he did and NOC will be issued. The Member have not complied the assurance even after 3 months and we have not received a request from the Bank for NOC.

    Can you please forward your suggestion whether Society can issue/deny NOC on this ground,Member does not hold a respectable name in the Society. Your valued reply will help us to resolve the issue since this has been drifting for last 3-4 months.

  13. Sachin Patil says:

    Dear Sir,
    when I was purchased the Flat from 1st owner that time society was not formed, due I got the NOC from builder, now society get formed but as per society records still there is 1st owner name instead of me, now i ask society secretory to put my name & give Society NOC for CIDCO transfer, but they are demanding for Money of rs.20k.

    please suggest if there is any law where i can fight with them to get NOC.?

  14. Sushill says:

    Want to rent a shop for fast food , but soceity in not giving noc to the owner , who is member of same sociiety , what are the consequences of it if i anyway start the fast foood there n the solution ,, plz someone reply soon ! Thank you !

  15. kiran napit says:

    I took a second sale flat, after registration other process, flat is in my name. But the PMC tax (pune municipality corporation tax), still comes in old flat owners name. On enquiring, society says, i have to pay their 1% fees (around 16000), to get their NOC. Can you let me know if this kind of NOC is still required ?

    regards
    kirann

  16. Dattatray says:

    How much society can charge for NOC? Any Society law avile.
    My society ask 50000 howerver as per information society can cahge maximum 25000 Rs.
    Plaese confirm

  17. Dattatray says:

    How much society can charge for NOC? Any Society law avile.
    My society ask 50000 howerver as per information society can cahge maximum 50000 Rs.
    Plaese confirm

  18. Salim says:

    i have sold my flat, the buyer wants to buy the flat on loan for which the bank requires noc as per bank’s format, the society is not ready to issue me the noc as they say the society is dissolved please advise whom to approach in this case.

  19. amit says:

    I have a shop which i want to give it on rent for fast food joint, do I require NOC from society, what if the society does not give NOC, as they have a police of not giving NOC for fast food…for no particular reason, pls advice

  20. Sujit shah says:

    I have taken cc facilities from bank and its require noc from society in bank format but socirty members are delaying stating reason as election are held in society after that we can decide what should i do 

  21. Abhay Viragi says:

    Can society restrict the sale of flat? All dues are paid and there are no other complications.

    Can society deny transfer of Shares after the flat is purchased (all dues are paid).

  22. Swadesh says:

    Sir, i m residing in titwala ,dist -thane , i have buyed a resale flat in my building, i jst wanted 2 ask wheather i will have to take noc from the society for further use of noc in bank for aplying housing loan & for flat registration, if yes then what is the amount i have to pay to society as per maharashtra co-operative society act. I have heard dat i wil have 2 pay 1% amount of flat value to society.

    • admin says:

      For Applying Housing Loan you have to take NOC in the format in which Bank asks. Society do not charge any money for issue of NOC

  23. SURESH CHAVAN says:

    i have want to purchase the flat in mulund-mhada colony,but opposite party take share certificate from society on.25/4/2011 so society could not give me NOC they said me wait for NOC three months, after three months we give NOC,because we give share certificate on 25/4/11so they said wait at least three months, i does not know any bye laws, any rule,what type of letter issued to society for NOC please guide me as early as possible

  24. pran says:

    What is membership fee in a cooperative housing society and what is the maximum amount that can be charged from an individual who buys a flat from another an existing member of the society

  25. SANDEEP SHINDE says:

    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.

  26. Ajit Shinde says:

    I have purchased the flat from my Real Brother and registration is done to kalyan register office but flat is not transfered by kalyan MIDC. now i want to return the same flat to my Brother.pls.let me know the society NOC is compulsory.

  27. M K jain says:

    Respected sir,
    I have purchased a plot at Indore – MP through a broker from one of the member of Co-operative Housing Society (Reg) at Indore. I have paid full consideration by cheque to the seller and sale deed has been duly registered in my name. The seller has submitted no dues from the society. When I applied to the president of the co-operative society, he told that since the seller has not obtained NOC for sale of the plot, the transaction is illegal. He says that it is mentioned in original sale deed that (1) The original buyer can not transfer the plot without prior written permission from society during 10 years (however 10 years have already completed in 2008) (2) The society shall have 1st right to purchase the plot (3) and there is restriction foreever that plot will not be sold to non member, however society can allow any person to become member if he promise to follow the rules of the society.

    Now president (Builder) is neither giving NOC for sale nor he is allowing me as member. However in order to clear the issue, he has desired to offer cash of Rs. 1.50 Lacs, for which no receipt will be issued.

    He says that he has power to cancel the sale deed and transfer the plot in favour of the society.

    Please advise – what should i do.

    M K Jain
    Gandhidham

  28. Suhas Sanadi says:

    Respected Sushil,

    The Society NOC in respect of the Bank loan is regarding the no dues of maintenance charges and permission to mortgage. If the society doesn’t issue NOC for bank loan, there is legal remedy against the society, by way of recourse to the Registrar, Co-operative Society. also refer the steps rendered by Mr. Satish in reference to query of Mr, Prafull Patil.

  29. Suhas Sanadi says:

    much obliged for a very informative article,

    At times, some procedure is followed, as considering the provisions of law, when the law is altogether different. As revealed by the present article on the issue of NOC of society for transfer of Flat.

    Suhas Sanadi. Pune.

  30. s.banavali says:

    thank you very much for the information. since our society chairman in harassing us. also i am a lonley aged woman,and this information has been very helpful for me.thank you

  31. narayan says:

    What to do if society does not respond to a request for NOC ?

  32. M. D'Souza says:

    What is the time limit for the society to issue the NOC, is it 7 days ? Or even for giving a reply ?

  33. Shishir Dhawade says:

    Sir ,
    I purchased a plot in Pune .The chairman gave me his N.O.C. FOR PURCHASE.The chairman went to Canada after that.The new chairman does not agrre with his n.o.c. .NOW SOCIETY IS NOT GIVING ME MEMBERSHIP.Your advise has given me a lot of relief…
    Shishir

  34. Satish says:

    Dear Prafulla Patil

    Dear Mr.Patil
    No need to wo’ry,I hope you must have gone through the article published herewith which is self explanatory.
    You should follow the steps as follows.

    1)Take copy of application submitted by KKC to sociey and take aknowledgement of the recipt (society aknowledgement)
    2)Submite your application for membership with required document and fees (dont give cash pay by cheque or D.D.)
    3)WAIT FOR 30 DAYS
    4)if society not provide NOC and membership then issue a reminder with legal notice with sitation of supreemcourt/mumbi high court judgment
    5)marck a copy of your above letter to REGISTRAR CO-OPERATIVE SOCIETY OF YOUR DISTRICT.
    6)PROCEED FOR REGISTRY OF PROPERTY/SALE/TRANSFER/ETC.

    YOUR LEGAL RIGHTS REMAIN PROTECTED

    all the besh

  35. Prafulla Patil says:

    i purchased a flat from KKc, KKC had Purchased the same flat from Nigdi Pradhikaran, Pimpri Chinchwad Pune. in sector 21/11/10. th legal assignment of agreement is done before registar after the owner KKC applied for the NOC to Society but society refused to give the NOC because of their personal benifits. what are the rules of NOC of Pradhikaran Societis Flats.
    Please Guide me and reply.

  36. satish says:

    This is to thank you for circulating such a imp information and legality of NOC definitely this article will help lakh of people .

  37. Ashish Dalvi says:

    What is the legal re-course. Can we sue the society? How to process the loan?

  38. Ashish Dalvi says:

    Can some one answer Sushil’s query. I have a similar problem. Need the NOC for the Loan. Have already done the transaction as NOC not needed for the registration.

  39. Sushil says:

    can some 1 ans the query

    • Adv. laxminarayan says:

      ask society in writting and make statement that u are willing to pay necessary charges for issuing such NOC and even after if they fail then approch registrar of eth Society witrh all papers your problem will be solved.

  40. dipalee says:

    we are also facing such problem, earlier my secreaty want to buy my flat much below market rate. so i said no i can not accept your offer. now when i sold it to other buyer, we also enter into a agreement and paid stamp duty and ragistration. now he is just delaying saying he has no time. In addition he called my buyer informed him that as this flat is below water tank , he will not allow any work to be done in this flat even he will not allow him to put box grill as it will damage the building. This lead to delay of our payment and financial loss to me. can u please help us . Society name is vast riddhi b , vastu enclave Andheri east.

    Thanks

  41. Anand says:

    There are so many people asking the same question “if a buyer want to purchase a flat the society refused the NOC but he goes ahead with the sale. Now if he is buying the flat on loan from bank. The bank will demand NOC in that case what to Do”

    Do we have any solution because this is now a days becoming practice to block/Harass people and blackmail them and ask for money to get such NOC

  42. Sushil says:

    whom should i consult for the above case

  43. Pritesh says:

    but if a buyer want to purchase a flat the society refused the NOC but he goes ahead with the sale. Now if he is buying the flat on loan from bank. The bank will demand NOC in that case what to Do.

  44. Bhavesh says:

    I wish to differ, NOC should be mandatory in order to check that no unwanted characters creep into an otherwise peaceful society. A member who stayed in the soc should atleast be considerate towards other members in not selling to people would not be welcomed or are not desired.

  45. Sushil says:

    but if a buyer want to purchase a flat the society refused the NOC but he goes ahead with the sale. Now if he is buying the flat on loan from bank. The bank will demand NOC in that case what to Do.

  46. Kiran Joshi says:

    We are very much thankful to the publisher for providing such information to needy residents.

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