Do we need NOC from society if a married daughter stays in parents' empty flat Do we need NOC from society if a married daughter stays in parents' empty flat

2 months ago

My parents have 2 flats in adjacent societies. They stay in one and used to give out the other on rent. With old age, they now want me to stay close to them. If i move into their second flat with my husband and children without any L&L agreement, do they need to give any document to the society or do we need NOC from the society?

Anik

Responded 1 month ago

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A.Dear Client,

Instead of relying solely on a Lease and License Agreement (L&L Agreement), you may consider having your father nominate your name or change the existing nomination (if any) in favor of you for the specific flat/apartment in the Society. Once the nomination is completed, there may be no need for your father to obtain a No Objection Certificate (NOC) from the Society for your occupancy or stay in the said flat.

Nomination is a recognized and accepted procedure that can streamline the process for children to occupy and reside in their parents' flat. By nominating you, your father can establish your rightful claim to the property. It is advisable to ensure that the nomination is done in accordance with the rules and regulations of the Society.

However, it's important to note that legal and procedural requirements may vary, and it is recommended to consult with a legal professional or seek guidance from the Society to ensure that all necessary steps are taken correctly and in compliance with applicable laws and regulations.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Instead of an L & L Agreement, ask your father to nominate your name as a nominee or change the existing nomination(if any) in favour of you in respect of the said flat/apartment to the Society. Once a nomination is done, the flat owner need not take any NOC from the Society for occupying or staying with his daughter in the said flat. Nomination in favour of own children is a well-accepted document that paves the way for the children to occupy and stay in a flat of his or her parents.
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Vidhi Samaadhaan Vidhi Samaadhaan

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