Maharashtra minister’s statement on no NOC needed for sale, renting out flats sparks confusion

While Suhas Patwardhan, chairman of the Pune District Cooperative Housing Federation, said the minister has just stated the existing law, others wanted some clarification on the issue.

Awad, while speaking in Mumbai on Tuesday, said NOCs from the cooperative housing societies would not be needed to transfer or sell flats. This the minister said was necessary to prevent malpractices by the societies. He also said there have been instances where some societies had decided to restrict membership on the basis of caste and creed and added, that it is illegal.

Patwardhan pointed out that the minister’s statement is not new and the law already states that NOCs are not necessary. “It is my fundamental right to choose my tenant or sell my flat to someone of my choice and no one should have anything to do about these,” he said. He also said that the law was necessary as in the past there were incidents where malpractices were reported from housing societies in case of transfer of flats.

However, Subhash Gargote, secretary of the Kendriya Vihar Cooperative Housing Society in Moshi Pradhikaran, said such a decision would lead to a single flat being sold to multiple parties. He added that the NOC is the only weapon in society to recover pending maintenance dues and other dues from individual members. “Such decisions should have been taken after taking stakeholders in confidence,” he said.

On his part, Sanjeevan Sangle, of the Chikhali Moshi Housing Societies Federation said the decision, although necessary, needed some teeth. “We have no objection but we have to ensure that the societies have some ways to recover pending dues,” he said.