“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.”
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Courtesy : Dilip Shah