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No need for NOC provision not new: Experts

Legal experts have claimed that such provisions were already given in the bye-laws of cooperative housing society and it is not new as claimed by the housing minister

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 NOC is not must for sale and purchase of flat but if the purchaser desires for NOC for loan or title verification purpose, then the committee has to consider such an application within one month. Representation pic

NOC is not must for sale and purchase of flat but if the purchaser desires for NOC for loan or title verification purpose, then the committee has to consider such an application within one month. Representation pic

A no Objection Certificate (NOC) of society is not required for the sale and renting of a flat, the state housing minister had recently said. However, housing experts and legal brains have claimed that such provisions were already given in the bye-laws of the society and it is not a new provision.

The law

CA Ramesh Prabhu, founder chairman of Maharashtra Societies Welfare Association (MahaSEWA) said, “Whatever the Hon'ble Minister has stated is not a new provision. The model bye-law no.38 of the cooperative housing society approved by the cooperative commissioner of Maharashtra in 2014 states that it is not mandatory to obtain NOC for the sale of flats. The Maharashtra Cooperative Societies Act, 1960, states that in case the society fails to discharge its obligation as per Act, Rules and bye-laws, the deputy registrar on complaints is empowered to do the needful.”

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