Housing society`s NOC not required to sell, buy flat: Lawyers
Housing societies` no-objection certificate (NOC) has no force of law and are not required while selling or purchasing flats, according to city-based legal experts.
Mumbai: Housing societies` no-objection certificate (NOC) has no force of law and are not required while selling or purchasing flats, according to city-based legal experts.
"Society by-laws have no force of law and therefore a housing society`s NOC does not matter or required while selling or purchasing a flat," renowned advocate Vinod Sampat said.
The statement assumes significance in the light of the recent episode of alleged religious profiling involving Emran Hashmi who claimed that a housing society in the posh Pali
Hill area in the city has denied him NOC for flat ownership because he is a Muslim.
Citing a case study, Sampat said, "Supreme Court has held in `Kejariwal vs Vishwa Housing Society` case that society cannot stop a member from selling or renting out a flat to anybody."
Echoing his words, another advocate Uday Warunjikar said, "According to Section 23 of Maharashtra Co-operative Housing Societies Act, membership of housing would be `open`. A society cannot disallow anyone from buying flat on the ground of religion or otherwise."
"However, cooperative laws differ from state to state, so the scenario could be different in other states," he added.