Noc from society for my shop
Subhash
(Querist) 07 January 2013
This query is : Resolved
Dear Experts,
My dad (now settled in Kerala) owns a shop in a housing society in Mumbai from 2006 and we had requested for a NOC from the secretary once the registration was done. The secretary has his own interest in the shop and has till now not issued us a NOC. We tried to rent the shop last year and the secretary scared off the tenant while the renovation was being undertaken. We lost the deal and now are stuck in a bad situation and want to sell the shop.
Will we need a NOC to sell the shop to someone or as per law is there a need for NOC to rent our shop? Any other suggestions to get the NOC?
Appreciate your feedback in advance.
Thanks.
Kind regards,
Subhash
Raj Kumar Makkad
(Expert) 07 January 2013
There is no need to make sale to any property situated within the premises of the society from either of the office bearers of the society as this is your legal right to dispose off your property as and when you desire.
Subhash
(Querist) 07 January 2013
Dear Mr. Makkad,
Thank you very much for your prompt reply. I understand from your reply that there is no need for a NOC from the society to sell our shop.
Would we need a NOC if we want to rent it to someone?
Kind regards,
Subhash.
Raj Kumar Makkad
(Expert) 07 January 2013
Though legally there is no such requirement but generally societies do pass such resolutions to increase their income as such you shall have to go through the bye-laws of such relevant society for the definite reply.
Subhash
(Querist) 07 January 2013
Thanks again for your reply Mr. Makkad. Appreciate it a lot.
ajay sethi
(Expert) 07 January 2013
you cant rent your shop without obtaining prior permission of society . if you want to give shop on leave and license in mumbai prior permission of society is must
for sale of shop you dont need NOC
Subhash
(Querist) 08 January 2013
Thank you Mr. Sethi for your feedback. Appreciate it.
R.K Nanda
(Expert) 08 January 2013
no more to add.
ajay sethi
(Expert) 08 January 2013
thanks for your appreciation
