News | 13th April 2022
A flat owner does not require a no-objection certificate from the housing society to either sell or rent a flat, reminded State Housing Minister Jitendra Awhad, speaking up against increasing prejudices in society.
"Housing societies will not issue you an NOC if you want to sell your flat to someone from the minority community, a Dalit or from a backward community. There are unwritten rules that flats in a particular society can be sold or rented to only a person who is a vegetarian, Jain or some others. This is illegal. The cooperatives department has clarified that no NOC is required and residents can complain to the deputy registrar," he said.
‘Even banks insist on hsg soc NOC for loans’
State Housing Minister Jitendra Awhad, who is the NCP MLA from Mumbra, said all that a flat owner needs from a housing society at the time of selling a flat is a no dues pending certificate.
"Over a period of time, this has led to all kinds of conditions being imposed, which divide society," he said. The NCP Mumbra MLA was speaking up against hardening prejudices - the recent ban on sale/consumption of meat during Navratri being a case in point.
In 2014, the state cooperatives department issued housing bye-laws, where it is explicitly stated that no NOC is required for letting out or selling a flat. Bye law no. 38 of the cooperative housing society rules states that for sale and purchase of flat, NOC from the society is not required while bye law no. 43 states that NOC from the society is not required to sub-let the flat. The bye laws also say that if a person needs the NOC, it must be issued within 30 days.
Ramesh Prabhu, Chairman, Maharashtra Societies Welfare Association, said as due diligence, it is always advisable to take an NOC from the society to avoid any future hassle. "The NOC is required in case there is some issue such as dues pending, dispute between heirs, or the property has been attached by the income-tax department, etc. Even banks insist on the NOC for housing loans as the society would be aware of these issues," he said.
Prabhu said obtaining an order from the deputy registrar in case a society refuses to give an NOC is a time-consuming process. "If the government is really serious about ending such discrimination and harassment, it must issue a Government Resolution making non-issuance of NOC a cognisable offence," he said.
Clara Lewis, TNN, Mumbai