Circulars / GRs pertaining to Leave & LicencePosted: September 27, 2013
Documents required for Flat to be sub-let on Leave and License basic
- Copy of stamp duty paid and registered Leave & License Agreement
- Police Verification
- Form No.27 – Appendix – 27 [Under the Bye-law No. 43(2)(i)]
A form of application for permission to sub-let, give on leave and license or care-taker basis the flat or part thereof application by member to sub let
- Form No.11 signed by sub lettee
NOC FOR SELL OF THE FLAT OR GIVING ON L & L BASIS:
Please note that there is NO NEED TO OBTAIN FORMAL NOC from the Society either for sell / transfer or leave and license / care taker basis, but only to submit a Notice of intention in the prescribed form no.20(1) along with Consent of the proposed transferee in the prescribed form no. 20(2), as provided in the bye-law no.38(a) AND Notice of Resignation of Membership of the Society in the prescribed form no.13, as provided in the bye-law no.27(1)(a), in case of sell / transfer and, Application for permission to sub-let, give on leave and license or care-taker basis the flat or part thereof, in the prescribed form no.27, as provided in bye-law no.43(2)(i) along with application for Nominal Membership by the sub-letee or licensee or the caretaker or occupant, in the prescribed form no.11, as provided in the bye-law nos. 20 and 43(2)(ii).
The Society is required to dispose of the application within the prescribed time limit, as provided in bye-law no.65, i.e. maximum period of three months for grant / transfer of membership and has standard New York Sublets rules for one month for subletting.
If someone follows the above procedure, but, Society does not grant formal permission, still there is no contravention by the member, on the other hand the Society is at fault, as the applicant members becomes deemed member, as provided in section 22(2). The committee shall be liable for administrative action by the Asst./Dy. Registrar, if a complaint is lodged.
However, even though the NOC is not required for transfer, if such a certificate is required the Society is required to consider application on merit within one month, as per bye-law no.38(d).
Nominal Membership charges Rs.100
It is advisable and strongly recommended to take blank dated Repossession Letter from the sub lettee while signing the Agreement. Please refer attached files.
J.B.Patel – Jeby
Housing Societies’ Activist