No NOC from housing society is needed to sell or rent flat in Mumbai, says Minister Jitendra Awhad

· Societies insist on permission despite amendment to bylaws;

· Societies prohibit selling or renting of flat to people belonging to certain castes/ creeds/ religions/ communities

· Hurts Mumbai’s cosmopolitan status, divides people

Mumbai: Maharashtra Housing Minister Jitendra Awhad announced on Tuesday that no prior permission from the housing society will be needed by the owner to sell or rent out their flat. This will enable the owner to conduct the transaction in hassle-free manner and will also cut delays and the alleged harassment that occurs due to the time taken by the society body to clear such proposals.

“It has come to our notice that housing societies discriminate on the basis of caste, creed, religion and community and they refuse the owner permission to sell or rent out the flat. In areas where a particular community dominates, only vegetarians are allowed to purchase flats while in other areas, selling or renting out the flat to those from the minorities, Dalits and backward classes is prohibited. This is increasing hatred. As per the bylaws, the flat owner does not require the permission of the society to sell or rent out their flat. Despite this, societies are insisting on their approvals being obtained,” said Awhad. He further said, “If the owner wants to rent or sell their flat, they need no NOC from the society.”

As per model bylaw no 38 of cooperative housing societies, for the sale and purchase of a flat, an NOC from the society is not required. Similarly, as per bylaw no 43, no NOC from the society is required to sublet the flat.

Awhad said Mumbai was globally known as a cosmopolitan city and if a flat owner was not allowed to sell or rent their flat to a particular caste, creed, religion and community, it would hurt the city’s image.

The Maharashtra Societies Welfare Association, which assists cooperative societies and their office-bearers in the smooth conduct of their day-to-day affairs, has welcomed Awhad’s announcement.

“An amendment has already been made to the bylaws of cooperative societies in 2014, whereby for purchase and sale of flats or even for letting out/renting out premises, there is no need for an NOC from the society. Awhad has taken this decision and the same also needs to be notified through a government resolution. With this announcement, people will be more proactive in exercising their rights to purchase and sell the premises without the permission of societies,” said Ramesh Prabhu, chairman, Maharashtra Societies Welfare Association.

Further, Awhad argued that the homeowner has the right to own the house, sell or rent it. “There is no need for permission if there is a deal between the homeowner and the buyer. If housing societies prohibit the selling or renting out of a flat to certain castes, creeds, religions or communities, it will divide society further. Tuesday’s decision is to keep Mumbai’s cosmopolitan status intact and keep people together,” he declared.

Published on: Tuesday, April 12, 2022, 11:40 PM IST