Society NOC

Procedure for Obtaining Society NOC for Leave and Licence Agreement

Below is the step-by-step procedure to obtain a Society NOC for a Leave and Licence Agreement in Mumbai (or most parts of Maharashtra):

1. Review Society’s Bye-laws & Requirements

• Check your Co-operative Housing Society’s bye-laws to confirm whether an NOC is compulsory for your case.
• In Maharashtra, under the MCS Act, 1960, most societies require an NOC before you can register a Leave & Licence Agreement (for tenancy/sub-letting).

2. Prepare Required Documents

Typically, the society will ask for:

1. A letter requesting permission of the Society for a Leave & Licence (some societies provide a specific form).
2. Copy of Proposed Leave & Licence Agreement.
3. Ownership Proof – Share certificate copy & property tax bill.
4. Identity Proof of owner & licensee (Aadhaar/PAN) with latest photograph.
5. Police Verification Form (mandatory in many societies).
6. Indemnity Bond / Affidavit (as per society format on stamp paper of requisite amount).
7. Copy of Latest Maintenance Receipt.
8. Any other documents as may be required by the Society.

3. Submit the Application to the Society for Approval

• Submit your application in writing along with all documents to the Society.
• The Managing Committee will review your request in their next meeting (usually requires 7 days’ notice).
• They may inspect the flat and verify the licensee’s details.

4. Pay Applicable Society Charges

As per Bye-law 43 of the Maharashtra Co-op Housing Society Bye-laws, you may need to pay:

• Non-occupancy charges (usually up to 10% of service charges).
• Any processing fee set by the society.

5. Issuance of NOC

• Once approved, the society issues an NOC on its letterhead, signed by the Secretary/Chairman.
• The NOC should mention flat number, owner’s name, licensee’s name, period of agreement, and confirmation of no objection.

6. Society NOC Letter Format

The NOC letter should include:

• Date
• Recipient details (Society’s name and address, Owner’s name and address)
• Subject – “No Objection Certificate for Leave and License Agreement”
• A clear statement of no objection
• Flat number and address
• Signatures of authorized officials (Secretary/Chairman)
• Society stamp

7. Form No. 11 and 29

For a leave and license agreement in a housing society, the following forms are used:

• Form No. 11: Application for Nominal Membership by the licensee/caretaker/occupant.
• Form No. 29: Application for Permission to sub-let, give on leave & license or caretaker basis.

These forms allow the society to formally acknowledge the licensee’s temporary occupancy. The licensee must agree to abide by the society’s bye-laws and pay any applicable charges.

8. Registration of Leave & Licence Agreement

• After receiving the NOC, register the agreement at the nearest Sub-Registrar’s office or via e-Registration.
• Submit a copy of the registered agreement back to the society.