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Society NOC for Transfer of Flat

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  1. The society
  2. The member and the flat
  3. The buyer and the transfer
  4. Approval, dues and loans
  5. Transfer charges
  6. Validity and signatures

Step 1 of 6

The society

For example: Shreeji Heights Co-operative Housing Society Limited

For example: MUM/WS/HSG/(TC)/9876/2003-04

Registered office address of the societyNeeded
State co-operative law that governs your societyNeeded
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A calendar date — the day, the month and the year. Dates in a document like this are read against one another, so a date typed here can change what another date is allowed to be.

For example: 38

For example: SHCHS/NOC/2026-27/014

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__________

(A Co-operative Housing Society registered under __________)

Registration No. __________

Registered Office: __________

Date: __________

TO WHOMSOEVER IT MAY CONCERN

SUBJECT: NO OBJECTION CERTIFICATE for the transfer of Flat No. __________, together with the shares and interest of the transferring member in the Society

1. The Society

__________ (the Society) is a co-operative housing society registered under __________, bearing Registration No. __________, with its registered office at __________. This certificate is issued by the Managing Committee of the Society in exercise of its powers under that Act and under the registered bye-laws of the Society.

2. The Transferor

__________ (the Transferor, whether one person or more) is on the records of the Society as a member of the Society, holding Share Certificate No. __________, and is in occupation of the flat described in the Schedule below (the Flat).

3. The Transferee

__________ (the Transferee, whether one person or more), residing at __________.

4. The proposed transfer

The Transferor proposes to transfer the Flat, together with the shares and the whole of the Transferor's interest in the capital and property of the Society attaching to the Flat, to the Transferee.

5. Authority for this certificate

The Managing Committee of the Society considered the matter at its meeting held on __________, resolving that this No Objection Certificate be issued. A certified extract of the resolution is enclosed.

6. Dues

The Society certifies that all amounts payable by the Transferor to the Society in respect of the Flat — including monthly maintenance charges, service charges, sinking fund, repair and maintenance fund, water charges, property tax collected by the Society, parking charges and every other levy of the Society — stand fully paid and cleared up to __________. Nothing is outstanding against the Flat on the records of the Society as on the date of this certificate.

7. Transfer charges

The following amounts have been levied and are recorded in the books of the Society in respect of this transfer:

(a) Transfer fee: __________, payable under the bye-laws of the Society.

(b) Transfer premium: __________

8. No other amount demanded or paid

The Society confirms that, apart from the amounts set out in paragraph 7, it has not demanded, and neither the Transferor nor the Transferee has paid or agreed to pay, any sum whatsoever in connection with this transfer — whether described as donation, voluntary contribution, corpus, development charge, welfare fund, infrastructure charge or under any other head. The Managing Committee records that no such demand could lawfully be made: the transfer fee and the transfer premium are limited by the bye-laws of the Society read with the directions issued by the State Government and the Registrar of Co-operative Societies, and no resolution of the general body can raise those limits. The Managing Committee further records that the Society may not withhold or delay this certificate, or the admission of the Transferee to membership, on any ground not permitted by the bye-laws and the governing Act.

9. No objection

Subject to paragraph 11 below, the Society has no objection to:

(a) the transfer by the Transferor to the Transferee of the Flat together with the shares and the whole of the Transferor's interest in the capital and property of the Society attaching to the Flat;

(b) the execution and registration by the Transferor and the Transferee of the agreement for sale, sale deed or other transfer document before the competent Sub-Registrar of Assurances;

(c) the admission of the Transferee as a member of the Society and the endorsement of the share certificate in the name of the Transferee, on the Transferee applying in the prescribed form and completing the formalities set out in paragraph 12;

(d) the Transferee taking possession of and occupying the Flat, and the Transferee's name being recorded with the municipal authority, the electricity distribution licensee and the water supply authority in place of the Transferor;

10. Existing charge on the Flat

Save as expressly recorded in this paragraph, the Society has received no notice of, and its records do not show, any mortgage, charge, lien, attachment, injunction, court order or claim by any third party in respect of the Flat or the shares attaching to it.

11. What this certificate does not say

(a) The Society is not a party to the transfer and has not examined, and does not certify, the title of the Transferor to the Flat. The Transferee should carry out independent title verification through an advocate.

(b) This certificate does not by itself transfer the Flat, the shares or the membership. The Flat passes only under a duly stamped and registered transfer document between the Transferor and the Transferee, and the membership passes only when the Managing Committee admits the Transferee and endorses the share certificate.

(c) The Society makes no representation about the status of the conveyance of the land and building in favour of the Society.

(d) This certificate is issued on the basis of the records of the Society and the documents produced to it, and speaks only to those records.

12. What must be done next

(a) The Transferor is to deliver to the Society the original share certificate, the application for transfer of shares and interest in the prescribed form, the resignation from membership, and a certified copy of the registered transfer document.

(b) The Transferee is to submit an application for membership in the prescribed form, with the entrance fee, proof of identity and address, a certified copy of the registered transfer document, and a nomination form.

(c) The Managing Committee will place the applications before its next meeting and communicate its decision to the Transferee in writing. If the Society fails to communicate a decision within the period fixed by the governing Act, the Transferee may approach the Registrar of Co-operative Societies for directions; in Maharashtra, membership is deemed to have been granted on the expiry of sixty days from the receipt of the application.

(d) On admission, the Society will endorse the share certificate in the name of the Transferee, enter the change in the register of members, and hand over to the Transferee the endorsed share certificate, the letter of admission to membership, a certified copy of the admitting resolution, and the receipt for the entrance fee. The Transferee should keep all four; a lender will ask for the endorsed share certificate before final disbursement.

(e) The Transferor remains liable for all Society charges in respect of the Flat up to the date on which the Transferee is admitted to membership or takes possession, whichever is earlier.

SCHEDULE — THE FLAT

Flat No. __________, in the building of __________ situated at __________.

Shares attaching to the Flat: Share Certificate No. __________.

ANNEXURE A — RECORDS AND DOCUMENTS VERIFIED BY THE SOCIETY

Before issuing this certificate the Managing Committee verified the following:

  • The register of members and the share register of the Society, in respect of the Flat.
  • Share Certificate No. __________ standing in the name of the Transferor.
  • The maintenance ledger and the account of the Flat, up to __________.
  • The register of charges and liens noted with the Society against the Flat.
  • The nomination on record in respect of the Flat.
  • The minutes of the Managing Committee meeting held on __________.

ENCLOSURES

The following are enclosed with this certificate. A lender or an advocate who receives this certificate without them is entitled to ask for them, and usually does.

  • Certified extract of the Managing Committee resolution dated __________.
  • Photocopy of Share Certificate No. __________, attested by the Honorary Secretary.
  • Statement of account of the Flat showing the dues position as on __________.
  • Photocopy of the registration certificate of the Society.
  • Latest maintenance bill and payment receipt in respect of the Flat.

FOR AND ON BEHALF OF __________

By order of the Managing Committee

___________________________
__________
Honorary Secretary

___________________________
__________
Chairman

(Common Seal of the Society)

Place: __________
Date: __________

ACKNOWLEDGEMENT OF RECEIPT

Received the original of this No Objection Certificate dated __________, together with the enclosures listed above.

___________________________
__________
Transferee

Date: ________________

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__________

(A Co-operative Housing Society registered under __________)

Registration No. __________

Registered Office: __________

Date: __________

TO WHOMSOEVER IT MAY CONCERN

SUBJECT: NO OBJECTION CERTIFICATE for the transfer of Flat No. __________, together with the shares and interest of the transferring member in the Society

1. The Society

__________ (the Society) is a co-operative housing society registered under __________, bearing Registration No. __________, with its registered office at __________. This certificate is issued by the Managing Committee of the Society in exercise of its powers under that Act and under the registered bye-laws of the Society.

2. The Transferor

__________ (the Transferor, whether one person or more) is on the records of the Society as a member of the Society, holding Share Certificate No. __________, and is in occupation of the flat described in the Schedule below (the Flat).

3. The Transferee

__________ (the Transferee, whether one person or more), residing at __________.

4. The proposed transfer

The Transferor proposes to transfer the Flat, together with the shares and the whole of the Transferor's interest in the capital and property of the Society attaching to the Flat, to the Transferee.

5. Authority for this certificate

The Managing Committee of the Society considered the matter at its meeting held on __________, resolving that this No Objection Certificate be issued. A certified extract of the resolution is enclosed.

6. Dues

The Society certifies that all amounts payable by the Transferor to the Society in respect of the Flat — including monthly maintenance charges, service charges, sinking fund, repair and maintenance fund, water charges, property tax collected by the Society, parking charges and every other levy of the Society — stand fully paid and cleared up to __________. Nothing is outstanding against the Flat on the records of the Society as on the date of this certificate.

7. Transfer charges

The following amounts have been levied and are recorded in the books of the Society in respect of this transfer:

(a) Transfer fee: __________, payable under the bye-laws of the Society.

(b) Transfer premium: __________

8. No other amount demanded or paid

The Society confirms that, apart from the amounts set out in paragraph 7, it has not demanded, and neither the Transferor nor the Transferee has paid or agreed to pay, any sum whatsoever in connection with this transfer — whether described as donation, voluntary contribution, corpus, development charge, welfare fund, infrastructure charge or under any other head. The Managing Committee records that no such demand could lawfully be made: the transfer fee and the transfer premium are limited by the bye-laws of the Society read with the directions issued by the State Government and the Registrar of Co-operative Societies, and no resolution of the general body can raise those limits. The Managing Committee further records that the Society may not withhold or delay this certificate, or the admission of the Transferee to membership, on any ground not permitted by the bye-laws and the governing Act.

9. No objection

Subject to paragraph 11 below, the Society has no objection to:

(a) the transfer by the Transferor to the Transferee of the Flat together with the shares and the whole of the Transferor's interest in the capital and property of the Society attaching to the Flat;

(b) the execution and registration by the Transferor and the Transferee of the agreement for sale, sale deed or other transfer document before the competent Sub-Registrar of Assurances;

(c) the admission of the Transferee as a member of the Society and the endorsement of the share certificate in the name of the Transferee, on the Transferee applying in the prescribed form and completing the formalities set out in paragraph 12;

(d) the Transferee taking possession of and occupying the Flat, and the Transferee's name being recorded with the municipal authority, the electricity distribution licensee and the water supply authority in place of the Transferor;

10. Existing charge on the Flat

Save as expressly recorded in this paragraph, the Society has received no notice of, and its records do not show, any mortgage, charge, lien, attachment, injunction, court order or claim by any third party in respect of the Flat or the shares attaching to it.

11. What this certificate does not say

(a) The Society is not a party to the transfer and has not examined, and does not certify, the title of the Transferor to the Flat. The Transferee should carry out independent title verification through an advocate.

(b) This certificate does not by itself transfer the Flat, the shares or the membership. The Flat passes only under a duly stamped and registered transfer document between the Transferor and the Transferee, and the membership passes only when the Managing Committee admits the Transferee and endorses the share certificate.

(c) The Society makes no representation about the status of the conveyance of the land and building in favour of the Society.

(d) This certificate is issued on the basis of the records of the Society and the documents produced to it, and speaks only to those records.

12. What must be done next

(a) The Transferor is to deliver to the Society the original share certificate, the application for transfer of shares and interest in the prescribed form, the resignation from membership, and a certified copy of the registered transfer document.

(b) The Transferee is to submit an application for membership in the prescribed form, with the entrance fee, proof of identity and address, a certified copy of the registered transfer document, and a nomination form.

(c) The Managing Committee will place the applications before its next meeting and communicate its decision to the Transferee in writing. If the Society fails to communicate a decision within the period fixed by the governing Act, the Transferee may approach the Registrar of Co-operative Societies for directions; in Maharashtra, membership is deemed to have been granted on the expiry of sixty days from the receipt of the application.

(d) On admission, the Society will endorse the share certificate in the name of the Transferee, enter the change in the register of members, and hand over to the Transferee the endorsed share certificate, the letter of admission to membership, a certified copy of the admitting resolution, and the receipt for the entrance fee. The Transferee should keep all four; a lender will ask for the endorsed share certificate before final disbursement.

(e) The Transferor remains liable for all Society charges in respect of the Flat up to the date on which the Transferee is admitted to membership or takes possession, whichever is earlier.

SCHEDULE — THE FLAT

Flat No. __________, in the building of __________ situated at __________.

Shares attaching to the Flat: Share Certificate No. __________.

ANNEXURE A — RECORDS AND DOCUMENTS VERIFIED BY THE SOCIETY

Before issuing this certificate the Managing Committee verified the following:

  • The register of members and the share register of the Society, in respect of the Flat.
  • Share Certificate No. __________ standing in the name of the Transferor.
  • The maintenance ledger and the account of the Flat, up to __________.
  • The register of charges and liens noted with the Society against the Flat.
  • The nomination on record in respect of the Flat.
  • The minutes of the Managing Committee meeting held on __________.

ENCLOSURES

The following are enclosed with this certificate. A lender or an advocate who receives this certificate without them is entitled to ask for them, and usually does.

  • Certified extract of the Managing Committee resolution dated __________.
  • Photocopy of Share Certificate No. __________, attested by the Honorary Secretary.
  • Statement of account of the Flat showing the dues position as on __________.
  • Photocopy of the registration certificate of the Society.
  • Latest maintenance bill and payment receipt in respect of the Flat.

FOR AND ON BEHALF OF __________

By order of the Managing Committee

___________________________
__________
Honorary Secretary

___________________________
__________
Chairman

(Common Seal of the Society)

Place: __________
Date: __________

ACKNOWLEDGEMENT OF RECEIPT

Received the original of this No Objection Certificate dated __________, together with the enclosures listed above.

___________________________
__________
Transferee

Date: ________________

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