About this tool
Draft a housing society NOC request for a sale, leave and licence, mortgage or renovation with the right enclosures and notice period.
A society NOC is the written statement from a co-operative housing society's managing committee that it has no objection to a member selling, letting, mortgaging or renovating their flat, and this generator drafts the member's request for it. The letter follows the structure the Maharashtra model bye-laws expect — member and share certificate details, purpose, effective date, a declaration on dues and a numbered enclosure list — and sets out the 15-day transfer notice and the 60-day decision window in section 22(2) of the Maharashtra Co-operative Societies Act 1960. Owners, tenants' agents and brokers can produce a complete, dated request instead of a one-line note.
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Each purpose brings its own document list, so the committee has no reason to send it back.
Shows the earliest date the notice supports and the date a decision is due.
Reminds you that the transfer premium is capped at Rs 25,000 and non-occupancy charges at 10% of service charges.
In Maharashtra the society can charge a transfer fee of Rs 500 plus a transfer premium fixed by the general body, and the Government circular of 9 August 2001 caps that premium at Rs 25,000. Any donation or extra amount demanded as a condition of the NOC is outside the bye-laws.
A society can withhold an NOC only for reasons its bye-laws and the state co-operative societies Act allow, most commonly unpaid dues. Under section 22(2) of the Maharashtra Co-operative Societies Act 1960 the society must communicate its decision on a membership application within 60 days, and silence beyond that period results in deemed admission.
Bye-law 38(a) of the Maharashtra model bye-laws asks a member to give the Secretary 15 days' written notice of the intention to transfer, together with the proposed transferee's consent to become a member. Section 29(2) of the Act also requires the shares to have been held for at least one year before a transfer.
You must inform the society before the licensee moves in and give the licensee's identity and police verification details, and most societies issue an NOC on that basis. The society may charge non-occupancy charges of no more than 10% of the service charges, excluding municipal taxes, and the leave and licence agreement itself has to be in writing and registered.