Is society NOC required to sell a flat in Maharashtra? सदनिका (फ्लॅट) विकताना सोसायटीची NOC लागते का?
Short answer
No. Under model bye-law 37, the society's No Objection Certificate (NOC) is not required to transfer a flat. The selling member gives 15 days' notice with the buyer's consent and submits the transfer application, share certificate, buyer's membership application, seller's resignation, registered agreement and an undertaking to clear dues. The application cannot be refused unless the law or bye-laws are breached; if no decision is communicated within 3 months, the transfer is deemed approved (bye-law 38).
Related bye-laws
Bye-law No. 37: Transfer of flat / shares
The selling member gives 15 days' notice with the buyer's consent. No NOC of the Society is required for transfer. Documents: transfer application with share certificate, buyer's membership application, seller's resignation, registered and stamped agreement, undertaking to clear dues. Transfer fee Rs. 500, entrance fee Rs. 100, and premium within the Government circular limit as fixed by the general body. No donation or other amount may be demanded. No premium on transfers within family, to nominee/heir, or exchange of flats.
Bye-law No. 38: Disposal of transfer applications and deemed membership
Transfer applications follow bye-law 62. They cannot be refused except for non-compliance with the Act, Rules or Bye-laws. If no decision is communicated within 3 months, the transfer is deemed approved and the buyer a member (Section 22(2)). Transfers in contravention are void against the Society.
Other questions
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