Query regarding resale of cooperative society flat
7 months ago
I am a successor of a Cooperative Society flat in Kolkata (I possess a court-issued succession certificate. Is it mandatory to seek written permission from the chairperson of the cooperative society and obtain a no objection certificate before proceeding to resale?
A.Dear client,
As per the housing byelaws issued by the state cooperatives department in Maharashtra in 2014, no NOC is required for letting out or selling a flat. No objection certificate from a society is not necessary for the sale and purchase of flats as mentioned in Bye law no. 38 of the cooperative housing society rules.
As per the housing byelaws issued by the state cooperatives department in Maharashtra in 2014, no NOC is required for letting out or selling a flat. No objection certificate from a society is not necessary for the sale and purchase of flats as mentioned in Bye law no. 38 of the cooperative housing society rules.
Helpful
Helpful
Share
A.Dear Client,
As per Rule 138 of the West Bengal Cooperative Society Rules, 2011, the NOC of the society is required to resell a flat situated in a Cooperative Housing Society. As per rule, where a housing cooperative society refuses or fails to give written consent under clause (vi) and if the member intends to prefer an appeal to the Registrar against such refusal by or failure of the Housing Co-operative society, he may prefer such appeal within 30(thirty) days from the date of communication of the refusal or within 60 (sixty) days from the date of receipt of the application of the member by the Housing Co-operative society, but after expiry of 30 (thirty) days from the said date in the case of failure of the Housing Co-operative Society to give such consent; and the Registrar shall, after hearing the applicant and hearing the co-operative society, dispose of the appeal within 30 (thirty) days from the date of preferring the appeal. So, being the above proposition of governing law, you are required to obtain NOC from the Society before proceeding to resale of the flat.
As per Rule 138 of the West Bengal Cooperative Society Rules, 2011, the NOC of the society is required to resell a flat situated in a Cooperative Housing Society. As per rule, where a housing cooperative society refuses or fails to give written consent under clause (vi) and if the member intends to prefer an appeal to the Registrar against such refusal by or failure of the Housing Co-operative society, he may prefer such appeal within 30(thirty) days from the date of communication of the refusal or within 60 (sixty) days from the date of receipt of the application of the member by the Housing Co-operative society, but after expiry of 30 (thirty) days from the said date in the case of failure of the Housing Co-operative Society to give such consent; and the Registrar shall, after hearing the applicant and hearing the co-operative society, dispose of the appeal within 30 (thirty) days from the date of preferring the appeal. So, being the above proposition of governing law, you are required to obtain NOC from the Society before proceeding to resale of the flat.
Helpful
Helpful
Share
Read Related Answers
property issue
Dear Client,
Firstly you have your equal right to share of your ancestral property as per the 2005 amendment act where even women have equal right in the property. additionally nobody can threaten yo...
Property
Dear Client,
No other individual can sell your property without authentic documentation and consent. make sure you have had the right registered documents of the land and understand how the owner cou...
Covered garage
Dear Client,
The owner of a property is liable to pay the property tax levied by the local civic body i.e, the Municipal Authority. This tax may vary from one location to another and various other fac...
Government Land Occupying
Dear Client,
The Government land cannot be a subject matter of a transaction between the private parties. Instead, the Government acquires private land whenever required for public purposes under the...
Balcony extension
Dear Sir,
Yes, you can do so with the formal permission of either association people or builder. You may file representation before them and get consent.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
