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.

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Join us on Whatsapp

taxguru on whatsapp GROUP LINK

Join us on Whatsapp

taxguru on whatsapp GROUP LINK

Join us on Whatsapp

taxguru on whatsapp GROUP LINK

Join us on Whatsapp

taxguru on whatsapp GROUP LINK

Join us on Whatsapp

taxguru on whatsapp GROUP LINK

Join us on Whatsapp

taxguru on whatsapp GROUP LINK

Join us on Whatsapp

taxguru on whatsapp GROUP LINK

Join us on Whatsapp

taxguru on whatsapp GROUP LINK

Join us on Whatsapp

taxguru on whatsapp GROUP LINK

Join us on Whatsapp

taxguru on whatsapp GROUP LINK

Join us on Telegram

taxguru on telegram GROUP LINK

Review us on Google

More Under Finance

56 Comments

  1. Sonali mahale says:

    I am in tremendous pressure , since the buy the flat going on four months, token given, loan approved for me,
    Bank is asking Noc from society and society is not issuing NOC , All dues are cleared from my seller, Please suggest what to do sir ,

    Warm Regards

Leave a Comment

Your email address will not be published. Required fields are marked *

Search Posts by Date

December 2022
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031