Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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viveks2016 (Head Legal & Company Secretary)     24 January 2014

Noc of co-operative society

Dear Learned Professionals,


An individual is proposing to acquire a commercial property in Mumbai owned by a LLP, Its status as LLP was changed in 2009 before that it was a company under the Companies Act, 1956. The shares are still in the name of the company but not in the name of LLP since change of name in society records has not taken place.

Views Required:

a) Whether NOC of society to sale is required. It is mentioned in bye laws to obtain NOC whereas Section 22 & 23 of MCS Act does not mandates same;

b) If answer to a) above is yes then whether society can deny the NOC to sale till new name is changed in society's records or it can be issued in old name also?

You are requested to share your views quoting relevant provisions/case laws/rulings in this regard.


Kind Regards



 1 Replies

2BHelpfull (Other)     25 January 2014

The rationale behind the NOC is actually very simple. It gives the land-owner or society the opportunity to know the new buyer and also ensure that the seller has settled all existing dues before the sale.


no managing committee want to get in trouble as flat is registered in company's name n sale agreement is in LLP name .


tell seller to convert the name in society record in LLP.

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