Sale of flat to pvt ltd company

You must ask them why would they restrain you from, selling your flat to Pvt Co. The bylaws of society might be having that term otherwise also you can challenge the and get them NOC issued by way of writ petition. 

A company is a legal person and it is impossible that there could be such a condition. More over, right to sell property is a right protected by the constitution and such a right could be restrained or regulated only on the basis of a law enacted by the competent Legislature. A bye-law drawn up a Housing Body, in the absence of an enabling statutory provision having the force law, is of no consequence.

You cannot sell the property to  company which will utilise the same for commercial purpose if this is a residential property then it cannot be sold to a commercial establishment

Originally posted by : T. Kalaiselvan, Advocate

You cannot sell the property to  company which will utilise the same for commercial purpose if this is a residential property then it cannot be sold to a commercial establishment

To my understanding, such restrictiion, if at all any, could be binding on the purchasing company. It is the constitutional right of the citizen, in the absence of any restriction having force of law, to deal with or dispose of the property at his discretion.

Originally posted by : shankar

Sir,

I want sell my flat to a Private Limited Company, but Society denied to give NOC saying that I cannot sell my residential property to Pvt Ltd Company. Is there any such Housing Society Bylaws which disallow a member to sale the flat to a Pvt Ltd. Company.

Thanks

 @ Shankar,

What type of Society is it where you own a flat i.e., cooperative, apartment, private, association etc. ?

The vendee i.e., Pvt. Ltd. Co is doing some business from the flat offered for sale / under purchase ? 

What is the proposed usage of the flat by the intending vendee  if the transaction is complete ?  

Why the society is reluctant to issue NOC ?

Show bye-laws of the society to a local prudent lawyer for better appreciation of facts and professional advise.