Co-operative Society cannot refuse to give NOC
Co-operative Society cannot refuse to give NOC: But it it refuses, the applicant has the right to proceed against the Society in a Appeal. For such matters, it is better to engage a legal experts rather than doing with a shallow legal knowledge.
SOCIETY SHOULD DEAL IN A TRANSPARENT MANNER: The co-operative society is not to hide the functioning and decisions of the managing committee of the society from the applicant and should reply within 15 days time.
OCCUPANCY RIGHTS CANNOT BE REFUSED: The co-operative society cannot ordinarily refuse the occupancy rights to any member. But the Society is responsible to scrutinize all the documents and papers before allowing transfer of membership in the name of any other person.
Permission for transfer of occupancy right not to be ordinarily refused and provision for appeal.
80. (1) No co-operative housing society shall ordinarily refuse to grant to its member permission for transfer of his occupancy right in the property of the co-operative housing society unless the transferee is otherwise not qualified to be a member :
Provided that nothing contained in any agreement, contract or the bye-laws regarding eligibility for membership stipulated therein shall apply to a nominee, heir or legal representative of the deceased member for his admission to membership of the co-operative housing society :
Provided further that aforesaid transfer in case of lease hold land shall be governed by the provisions of the perpetual lease of land.
(2) The decision of the co-operative housing society on an application for permission to such transfer shall be communicated to the applicant within thirty days from the date of receipt of the application.
(3) Any person aggrieved by the decision of the co-operative housing society refusing permission for such transfer may within thirty days from the date on which the refusal of permission is communicated to him appeal to the Registrar.
(4) The Registrar shall dispose of the appeal within a period of one hundred and twenty five days whose decision shall be final.
LEAVE A REPLY IN CASE OF A QUERY OR ASSISTANCE REQUIRED