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  • Is NOC required from Society to give flat on Leave License.

I want to give my Bombay flat on leave license. What are the formalities I need to complete with my Coop Society. 
I understand that 7th Constitutional Amendment of Bye-Law 43 of Co-operative Housing Society Act has initiated some changes are those operative.
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

No NOC required except the tenant should not create nuisance and disturb peace of society. It will be informed to society and non occupancy charges will be payable every months. 10% of maintenance charges. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Yes you need an NOC from society. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You don’t need society NOC to give flat on leave and licence 

 

2) intimation is to be given to local police station along with copy of leave and licence agreement 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

check out the following, for answers to most of your queries

chshelpforum  .com/non-occupancy-charge


FOR YOUR REQUIREMENTS:

Check out Bye Law no. 38(d), as reproduced below:

(d) “No Objection Certificate” of the Society is not required to transfer the shares and interest of the transferor to the transferee. However in case such a certificate is required by the transferor or transferee, he shall apply to the society and committee of the Society may consider such a application on merit within one month.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Not required. You can jnform the Society once it is given on license.

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

No permission of the Society is required to Sub-let, leave and license

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you have to take permission from the society that they don't have any objection to give the property and leave and licence and the licence holder will pay all the society charge during the licence period

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Well, to give the flat on rent the formalities to be complied with differ from society to society though under the same provision of local cooperative societies Act.

In general the flat owner is not debarred to give his flat on tent to a tenant but there are some formalities to be followed including taking consent from the society .

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

No NOC is required from society if there is no such bio law you can make an agreement with tenant and can inform society of same and also you have to seek a police verification from the tenant.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No doubt NOC is not mandatory from society to let out the property on rent, however an information prior to letting it out on rent with the society would be beneficial to you in all ways.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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