Response

Model bye-laws differ by state. However, bye-laws enacted by the Maharashtra government under the Maharashtra Cooperative Societies Act say that a person does not need a No Objection Certificate (NOC) from the society when transferring a flat. The list of documentation necessary for selling an apartment is prescribed in Bye-law No. 38. However, nowhere does it state that the society’s NOC is required.

If a transferor or transferee of a flat requests a NOC from the society for personal reasons, the society must respond within one month of receiving the application. It’s vital to remember that the purchaser’s commitment to pay all previous dues (before the sale) to the society/RWA is not absolved by the NOC granted by the society/RWA. They also can’t stop you from selling your property as long as it’s legal.

The housing society share certificate and the sale/purchase deed are needed papers when selling a residential property. The seller’s identity will be confirmed on the sale document, and only he or she has the entire right to sell the land. If necessary, you’ll need a copy of earlier deeds to verify the deal’s and property’s validity. Original stamp duty and registered dwelling paperwork are also required. The vendor will also need a letter of authorization from the Housing Society. In the case of shared ownership, the owner (s) must give written consent. If a home buyer opts for a housing loan, they need all of these documents.

If a share certificate is missing, the prospective seller should obtain a duplicate copy from the housing society. If the sale/purchase deed and/or chain of agreements/deeds are lost, the seller must provide an indemnity bond as well as a confirmation letter from the Housing Society.

Reference: Maharashtra Cooperative Societies Act. – – AHG171 – 202100581 – 89 – 25 – 2021001122021004218704

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