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naresh bajaj   10 May 2023

Society noc for sale

I own a commercial shop on the ground floor of a residential building that is run by a co-op housing society in maharashtra.

 

i intend to sell the property and have requested the society for a NOC for the sale

they are saying that they will issue an NOC with a restriction that no restaurant will be allowed to be opened in the shop.

IS THIS KIND OF RESTRICTION IN NOC LEGAL ?

 

there are already 2 other restaurants running in the other shops of the building

 

thank you



Learning

 3 Replies

Adv. Mohit Chahal (Advocate)     10 May 2023

Dear Querist

You may approach AR office to challenge the said denial by co-op society.

Feel free to contact for further clarifications.

Regards
Mohit Chahal
Advocate
WhatsApp No. 9968911099

https://mohitchahaladvocate.business.site


....

T. Kalaiselvan, Advocate (Advocate)     11 May 2023

The society cannot impose any such condition to give NOC for sale of property 

This being a commercial property, the buyer of this property can very well do any business which is legal in the place belonging to him after complying with the conditions of the local civic body.

You can give a complaint to the registrar of the cooperative societies about this and get an order from them directing the society to furnish  NOC as desired..

 

Dr J C Vashista (Advocate)     13 May 2023

How does the cooperative housing society permitted to own/possess, buy / sell commercial shop(s) in their complex ? Is it (Shops) permissible under Maharashtra Cooperative Societies Act, 1960 ?


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