naresh bajaj 10 May 2023
I own a commercial shop on the ground floor of a residential building that is run by a co-op housing society in maharashtra.
i intend to sell the property and have requested the society for a NOC for the sale
they are saying that they will issue an NOC with a restriction that no restaurant will be allowed to be opened in the shop.
IS THIS KIND OF RESTRICTION IN NOC LEGAL ?
there are already 2 other restaurants running in the other shops of the building
thank you
Adv. Mohit Chahal (Advocate) 10 May 2023
T. Kalaiselvan, Advocate (Advocate) 11 May 2023
The society cannot impose any such condition to give NOC for sale of property
This being a commercial property, the buyer of this property can very well do any business which is legal in the place belonging to him after complying with the conditions of the local civic body.
You can give a complaint to the registrar of the cooperative societies about this and get an order from them directing the society to furnish NOC as desired..
Dr J C Vashista (Advocate) 13 May 2023
How does the cooperative housing society permitted to own/possess, buy / sell commercial shop(s) in their complex ? Is it (Shops) permissible under Maharashtra Cooperative Societies Act, 1960 ?
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