“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
4 thoughts on “Housing society’s NOC not required to sell, buy flat: Lawyers”
I live in a Owner welfare Housing Society at Hyderabad which is not a Cooperative Society. Will this SC order is applicable to the society. For disposal of my flat I hope I will not need NOC from the Owner Welfare Society. Request confirm on priority.
but banks and finance co. still demands society noc for passing the home loans.
we work hard to go legal by considering lots of formality completed but govt. it self has made so many different rules that one day breaking such rules will not be consider as illegal.
Whether no objection certificate of cooperative housing society is required for owner prior to sell? If yes/no under which rule/judgment ?