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.
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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.
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