No-objection certificates, or NOCs, are legal documents that may be required to complete a wide range of operations. However, NOCs are vitally important in property transactions. Builders require a huge number of NOCs to begin a housing project; sellers require NOCs to sell their property; and homebuyers may require certain NOCs to complete property transactions. This is why having a thorough understanding of this critical document is essential for everybody involved in a property sale or purchase.
What is a no objection certificate?
A no objection certificate, or NOC, is a legal document issued by any individual, authority, company, or institution indicating that there is no objection to the information included in the document.
Why is an NOC important?
In addition to showing that there is no objection, a NOC can be shown in a court of law and used to prove your innocence if you become embroiled in a legal dispute. For example, obtaining a NOC from your bank or lending institution after repaying your house loan will allow you to easily acquire all of the property’s legal documentation. An NOC can also assist you remove a lien on your property. A lien on property means that the banks or lending institutions have a legal claim on your property and the right to sell the property until you pay off your debts.
Importance of NOC in property transactions
A no objection certificate is an important document necessary in many property transactions to meet various regulatory and legal criteria, such as verifying that a property is free of legal difficulties or claims. Various government departments offer NOCs for real estate developments to ensure that they follow regulatory requirements. Home loans require NOCs to approve property ownership transfers. NOC protects stakeholders’ interests in real estate transactions. Buyers and sellers who do not have a valid NOC may encounter conflicts, legal issues, or financial dangers.
Types of NOCs required for real estate transactions
NOC for property transfer: During property inheritance, legal heirs offer this NOC saying that they have no objections to the property’s transfer, sale, or distribution.
NOC from landlord: When a tenant rents out a property for business reasons and asks for a bank loan, the landlord must provide this NOC.
NOC from bank after loan repayment: If a property was purchased with a home loan, the bank must provide a NOC to validate the loan’s conclusion and the release of title documents. If the owner wishes to sell the property, the bank must also issue a NOC.
Society NOC: The housing society must produce a no-objection certificate if the property owner wishes to sell the flat. It’s also necessary for the property mutation process.
NOC for land conversion: When someone applies to convert agricultural land to residential or commercial use, the revenue department provides a NOC.
No objection certificate from legal heirs for the transfer of property in India.
In India, regulations govern the process of transferring property to lawful successors following the death of the original owner. Succession rules determine the transfer of assets.
Legal heirs must understand the steps necessary to obtain ownership of a property following the death of the person in whose name it is registered. The procedure is straightforward when there is a will present. Legal heirs may also dispute a will if the property was inherited rather than acquired by the individual. However, in the absence of a will, the succession law takes effect. A no objection certificate (NOC full form) from other legal heirs, coupled with an affidavit, is one of the documents required for the transfer of property. If any value, in kind or currency, was paid to an heir or claimant in exchange for their share, it must be included in the transfer paperwork. In order to transfer shares, the release deed must also be registered.
Is NOC from sister to brother required for father property?
With the introduction of the Hindu Succession Act of 1956, a woman in a household can claim an equal portion of a property unless the father has executed a will for the division of the property. According to a recent modification, women born before 2005 have the right to claim the property. However, in many circumstances, women do not claim a share of their father’s property. In such instances, a no objection certificate is required when her portion is to be transferred to one of the family members as part of the asset partition process. The property transfer can be completed by signing a no objection certificate. The alternative option is to execute a relinquishment deed.
Thus, if a legal heir desires to relinquish his or her claim to a share of a property, the person must obtain a NOC certificate in favour of family members who are the other legal heirs, indicating this in the document. This person’s children will not have the right to claim the property in the future.
A sibling’s NOC will be necessary when mortgaging or transferring parental property. When taking out a loan against the property, other legal heirs must also provide a NOC. The paperwork will show that there are no outstanding legal claims or objections from the property owner or legal heirs.
Furthermore, if a property owner dies, the rightful heirs must submit a NOC to obtain the property documents and request that the bank transfer over the title documents.
NOC from beneficiaries for transfer of property in India
A property owner who intends to transfer ownership to someone else must acquire a NOC from the beneficiaries of the property. Upon the death of a property owner, the beneficiaries either inherit the property or have a vote in what happens to it. To transfer ownership of the property, the beneficiaries must provide a NOC stating that they have no objections to the transfer of ownership.
No objection certificate for transfer of land (immovable asset)
Obtaining a no objection certificate, or NOC, for property transfer and land registration has become an important practice since it allows the government to monitor the formation of illegal colonies. The transfer of land or the development of a colony requires NOCs from the relevant authorities.
Section 21 of the Registration Act, 1908 requires that a NOC be acquired from the authority for the transfer of immovable property or land. To transfer land or property, submit an application for NOC of land, along with the relevant documentation and costs, to the local Circle Office. The NOC certificate will be granted by the Deputy Commissioner. After receiving the NOC for land, the applicant can proceed with the property registration and mutation process.
How to obtain NOC for immovable asset:
Submit an application for a NOC for transferring immovable property to the necessary body, such as the sub-registrar or the tax department.
Complete the payment of the relevant application fee
Provide property information such as location, survey number, etc.
In the case of jointly-owned properties, obtain a NOC from all co-owners.
In the case of inherited properties, obtain a NOC from all legitimate heirs.
In the event of mortgaged property, acquire a NOC from the mortgage.
Before applying for NOC, ensure that all legal disputes, if any, have been settled.
Submit all documents, along with the application, to the authority.
Documents required
Property documents include sales deeds, gift deeds, partition deeds, and so on.
Identify proof and address proof
NOCs from legal heirs, co-owners, mortgage holders, or other parties involved
Documents related to any pending legal disputes
How to apply for a no objection certificate?
The procedures for acquiring a NOC may differ depending on the state where the property is located. Typically, the procedure includes obtaining a certificate from the Circle Officer and submitting the application to the Deputy Commissioner’s Office. The Deputy Commissioner will issue the NOC certificate. After getting the certificate, the applicant can proceed with the registration and land mutation procedures.
Step 1: Identification of issuing authority
Depending on the type of property being transferred, the competent body will issue a NOC for property transfer. For example, in the case of flat transfers, the issuing authority could be the housing society, the municipal corporation, or the revenue department.
Step 2: Drafting NOC application
After identifying the issuing authority, draft an application for NOC in accordance with the approved procedure. The applicant should make sure to include all essential information in the application.
Step 3: Arranging supporting documents
The documentation for NOC for property transfer will differ depending on the type of property.
Several documents include:
Photographs and identity proof for the property buyer and seller.
Sale deed
Encumbrance certificate
Building approval plan
No due certificate from the local authorities
Photograph and photo identification proof of the property buyer and seller.
Declaration of consideration for both flat area and land apportionment.
Latest revenue receipt
Citizenship of the buyer, such as passport or Voter’s ID
Land patta
Affidavit of buyer and seller/ power of Attorney holder
Copy of the Power of Attorney if applicable
Pattadar to submit the affidavit in favour of the POA Holder
Authority/ NOC of Co-partner in case of flat
PAN/ TAN Card
GMC/ GMDA/ Municipality/ Town Committee receipt/ occupancy certificate, for flats
Step 4: Payment of applicable fee
When applying for a NOC from the issuing authority, a fee may be charged, and the amount may vary depending on the property type, issuing authority, and other factors.
Step 5: Guidelines for property transfer
Local governments may establish specific norms and restrictions for property transfers, which may differ by state and locality. When applying for a NOC, you must be aware of such guidelines.
Step 6: Issuance of no objection certificate
The issuing authority will check the application and documentation before providing the NOC for property transfer.
Drafting NOC: Create a draft NOC in the shape of a no objection certificate for the property listed below.
Stamp paper: Applicants must pay Rs 100 for non-judicial e-stamp papers from the nearest cooperative bank, court, or sub-registrar office. For this, they must give the following information:
Applicant name
Description of document (Affidavit)First party name (of the applicant)
Second-party name: NA
Purchased by: (name of the applicant)
Stamp duty: Rs 100 for e-stamp paper, plus Rs 10 for vendor processing charges, equals Rs 110.
Phone number of the applicant
Printing: Print the final draft on non-judicial e-stamp paper.
Notary: Submit the paperwork to the notary public, together with the printed NOC and identity documents such as an Aadhaar card, passport, etc. After the notary public has validated the NOC, sign the certificate, which will be sealed and signed. The NOC will then be recorded in the notary book. The notary charges a fee of Rs 50.
Who issues no objection certificate?
|
Authority issuing NOC |
Role |
|
Municipal Council or Corporation |
Ensure compliance with local building codes and regulations |
|
Department of Town Planning |
Ensure conformity with the urban planning regulations. |
|
Metropolitan Development Authority |
Responsible for enforcing regulations in metropolitan areas |
|
Regional Development Authority |
ensures compliance with regional development plans. |
|
Urban or Housing Development Authority |
Responsible for executing housing policies. |
|
Land Development Authority |
Land-related issues and responsible for issuing NOCs |
|
Housing Board |
Responsible for executing housing policies. |
| Respective Administration Board |
Ensures compliance with administrative standards and provides NOC. |
What are the challenges when obtaining NOCs?
Incomplete documentation: When filing for a NOC, one must present supporting papers such as identity verification, sale deeds, encumbrance certificates, no dues certificates, and so on. Any errors or insufficient documentation can result in application rejection.
Administrative delays: Obtaining NOCs involves multiple steps of verification and approval. It may require regular follow-ups with the appropriate authorities.
Coordination with multiple authorities: Typically, transfers involving ancestral or agricultural land require NOCs from numerous authorities, making the procedure more complicated. Furthermore, there could be additional delays due to uncertainty concerning the issuing authority.
Here are some tips to overcome these challenges:
Verify the documentation for accuracy and completeness.
In difficult circumstances, use skilled professionals such as legal counsellors or property consultants.
Track the application via the accessible web portals.
What does an NOC for property include?
Property details: This provides the property’s location, address, and ID number.
Parties involved: It should contain the names of both the present owner and the prospective buyer.
Purpose of property transfer: The NOC should also clearly state whether the property is being transferred for personal, lease, or commercial purposes, among other things. This will assist in assessing the sort of clearance and approvals necessary by the appropriate municipal authorities.
Statement of no objection: The NOC should include a certification that there are no objections to the transfer of the property.
Signature of the issuing authority: The document should be signed by the appropriate authority, such as the bank manager, society secretary, or other appropriate person.
NOC format samples
Now, take a look at a sample format of a NOC from an owner for leasing out his/her premises.
TO WHOMSOEVER IT MAY CONCERN
I/We, _________, son/daughter of ________ do hereby state that,
- I/We am/are the legal owner/s of the premises situated at _____________ (hereinafter referred to as “the said premises”).
- I/We have no objection in _______________ {Enter name} using the said premises as the registered office of the partnership firm/proprietorship/LLP/private limited company/ public company.
Date: _________ Signature _____________
Place: ________ (Owner)
Format of NOC from legal heirs for property transfer
The following is an example format of a no objection certificate (NOC) from family members or legal heirs for property transfer:
Declaration
I, __________, son/daughter/spouse of _________ aged ___, an Indian Inhabitant / NRI
presently residing at __________________, do hereby solemnly affirm and declare as under:
- That __________, the deceased, was holding _____ shares in (the name of the company) covered under Folio No. _______ and Share Certificate No(s). ___________, bearing Distinctive Nos. ________ to __________.
- That (name of the shareholder), the deceased expired on __________.
- That I am a legal heir of the said deceased. I am the (in what relation) of the deceased.
- I do not desire to make any claim of title of the said securities held by the deceased. I hereby agree to renounce all my rights existing as well as they may accrue to me in future in respect of the aforesaid securities.
- I declare that I have no objection whatsoever in transmitting the said securities in the name of the applicant, _________.
I am executing this declaration to be submitted to the concerned authorities of the Company.
I hereby state that whatever is stated herein above are true to the best of my knowledge.
Solemnly affirmed at ________ ) Photograph
On this ____ day of ______ 20__ ) (Signature of the Legal heir)
Deponent
Identified by me Before Me
Advocate S.E.O./ Oaths Commissioner/Notary
The declaration, as given in the above format of no objection certificate for property transfer, must be executed by each legal heir individually along with necessary identity proof. The declaration must be executed on non- judicial stamp paper and duly attested by S.E.O. or Oaths Commissioner or Notary.
NOC from landlord format
I, ______(landlord) S/o/W/o ________ the owner of the property located at ____________(property address), do hereby declare that I have rented the said property to _________ (name of the person/business/company) for the purpose of office premises for eleven months from the period starting from ____ (date). Further, the tenancy of the said property shall be eleven months and which shall be extended subject to the mutual consent of both parties.
I have no objection and provide my consent to _____________ (name of the person/business/company) to use premises for office purposes. I hereby declare that I have given this no-objection certificate with my free consent.
(Owner’s name)
Address: __________,
Date: ___________
Place: __________
NOC application format
Given above is a sample format of no objection certificate (NOC) application to landlord for using the property for office purposes
Society NOC application format for property tax name change
Name
Secretary of Buiilding Name & Address,
Subject: Request for NOC to change the name in property tax receipt bills
Dear Name,
I am Name, owner of flat number of Buidling Name. I purchased this flat in July 2022. The previous owner of the property is Name
I wish to inform you that I want to change the name in the property tax bill and utility bills (water, electricity, etc.). I require a no objection certificate (NOC) for the same.
Please find attached the relevant documents, including the agreement copy and identity proof (PAN).
I would request you to kindly issue an NOC for the above-mentioned reasons so that I can get the details changed as soon as possible. I shall be highly obliged for the kind gesture of yours.
Thank you.
Yours faithfully
(Signature)
Name
Flatt Address
NOC from society for sale of flat format
Given above is a sample format of no objection certificate (NOC) application to the housing society for changing property tax name from existing owner to new owner
Name here
Designated member
address
Date:
Subject: Request for an NOC to sell my flat
Dear Sir,
I am Name , the owner of flat number 250, writing this letter to inform you that I intend to sell my flat to Name and I request you to provide an NOC for the same. I have paid the maintenance charges and cleared all other pending dues. Please find attached the documents, including a copy of bill payment and a copy of the agreement.
Thank you.
Yours sincerely,
(Signature)
Your Name
Contact number
Society Secretary for NOC letter format for mortgage loan
Given above is a sample format of no objection certificate (NOC) application to the housing society for selling a flat
Name
Secretary of Society Name
Address
Subject: Request for NOC for a Mortgage loan.
Dear Name,
I am Name, owner of flat number. I want a mortgage loan from the ICICI bank of ABC area for some construction work on the property. The bank has requested for an NOC from the property owner.
Kindly issue me an NOC for the same so that I can forward it to the bank at the earliest.
I have paid all the pending dues, including the maintenance charges and electricity bill. I have enclosed the following documents along with this letter:
– Bills payment (electricity, maintenance, etc.)
– Agreement
– Bank loan approval letter
Thank You
Yours faithfully
(Signature)
Name
Flat Address
What is no objection certificate (NOC) from bank?
Following the proper steps when applying for a house loan is just as important as completing the appropriate home loan closure formalities. That example, if you have a home loan, you must receive the NOC when closing the loan account. The NOC for a house loan is a legal document that confirms that the borrower has paid all home loan EMIs and other outstanding loan dues.
For a home loan, it is critical to obtain a no objection certificate with complete property information, including the house address, the individual’s name, and the loan account number.
How to apply for a no objection certificate?
Before you can get a loan, you must write a letter to the bank asking a NOC and return the original documents you presented to them. Most banks and lending institutions send the NOC to the borrower’s registered address.
Loans where you need a NOC letter
An no objection certificate is required when applying for different loans, such as:
Home loan
Personal loan
Car loan
Business loan
Loan against property
Loan against shares
NOC and its impact on credit score
Borrowers must understand the importance of obtaining a NOC after repaying an outstanding debt. If the prior lender fails to notify CIBIL about the closing of a previous loan, the individual’s credit score will be damaged. An NOC is an essential document since it acts as verification that a previous loan has been returned.
Misplacing the NOC
If a person has a mortgage and their home is registered, they should provide a copy of the NOC to the registrar of properties. It is necessary to have the lien of hypothecation eliminated. Failure to do so will result in the lending institution continuing to own the property. Selling the property will be impossible in such a circumstance. Furthermore, insurance claims for unintended losses are paid to the lender. In the event of unregistered properties, the lender will simply return the title deeds.
If you received the NOC from the bank but have misplaced it, here’s what to do.
Firstly, it is necessary to lodge an FIR.
Submit a request to the lender with a copy of the FIR and all loan-related information.
The procedure of obtaining a duplicate NOC involves time and effort. Many lending organisations provide consumers NOC format through their portals.
Check to see if the certificate contains any property or loan-related information.
What is a sibling NOC for a home loan?
Typically, banks demand the borrower of a home loan to submit a NOC from the builder or society. When applying for a home loan, a NOC document from a sibling (brother/sister) is required if the property is owned by the parents. For example, a NOC letter from a sister to a brother will declare that the former has no objections to mortgaging the property with the lender.
Why is NOC sibling required for home loan?
A sibling’s NOC letter is necessary to establish that they have no objections to the applicant mortgaging the property with the bank or lender. This applies to loans where the property is registered in the parental name or jointly owned by the parents, and one of the children is seeking for a loan.
What happens if a builder sells a property under mortgage without NOC from bank?
A builder does not have the right to sell a bank-mortgaged house. If he sells it, he can face fraud charges under Section 420 of the Indian Penal Code (IPC). Furthermore, the bank has the right to repossess the property from the buyer and collect its debts. The homebuyer who purchases the property will be affected. Thus, due diligence, or determining if the property has a clear title and is free of encumbrances, is essential when purchasing a property.
No Objection Certificate from mortgagee
In real estate, developers typically obtain financing from banks and private financial organisations to complete projects by mortgaging as a guarantee. In such circumstances, you must obtain a no objection certificate from the developer. Obtaining the NOC is important to ensure that the lien on your property is lifted. If there is a lien on the property, the lending institution or bank has a legal claim to it and may sell it until the loan is fully paid. Once the NOC is secured, the lending institution cannot question the property transaction for a specific mortgaged project.
Is NOC from tenant required for bank loan?
No, a NOC from the tenant is not required when obtaining a home loan from a bank. However, a landlord’s NOC will be necessary if the tenant, particularly if the tenant is operating a company on the landlord’s property, seeks a bank loan. The document will be required to attest that the property owner has no objections to the business owner using the premises, particularly in the case of subleasing.
The NOC does not have a specific format. The tenant, business owners, partners, or promoters must request that the property owner/landlord issue a NOC with the following details:
Owner’s/landlord’s name
Address of the rented property
Name of the business proprietorship, partnership firm, LLP or company
Date and signature of the owner/landlord
No objection certificate for building construction.
In India, when building a house, apartment complex or any other project, numerous agencies and government bodies must provide a no objection certificate.
According to the Development Control Regulations and the National Building Code of 2016, some types of buildings require a NOC from the fire services department. Buildings that are 15 metres above ground level or have more than three floors are classified as high-rise structures. Before they begin building, they must obtain a certificate of approval from the Director of Fire Force.
After the building plan has been evaluated and approved by the construction sanctioning authority, the chief fire officer issues the no objection certificate (NOC).
No objection certificate for conversion of leasehold to freehold properties
In India, a suitable legal procedure must be followed while changing a leased property to a freehold. This includes acquiring a NOC document from the appropriate government. The conversion process may differ depending on the location or state in which the property is situated. Before continuing, verify with the relevant authorities, such as the land authority (e.g., DDA), municipal authority (e.g., MCD), and so on, to see what documents are required.
No objection certificate from the collector
In some states, receiving a no-objection certificate from the collector is required before transferring property. This applies when development bodies and corporations lease their properties to other entities. According to the lease documents, the lessor should notify the collector of the property transfer or mortgage and obtain the NOC.
No objection certificate under RERA
RERA requires developers to get a NOC before transferring or assigning their rights and liabilities in a real estate project. This ensures openness in the transfer process, protects homebuyers’ interests, and ensures prompt project completion.
Section 15 of the RERA requires a developer or promoter to get prior written consent from two-thirds of the allottees before transferring or assigning rights and liabilities associated with a real estate project to a third party. Once the allottees have granted the NOC, the RERA authorities will issue a comparable certificate.
How to obtain NOC under RERA?
Submit an application for NOC to the allottee
Furnish the document, including supporting documents such as:
Copy of the agreement signed between builder and buyer
Copy of project registration certificate
Copy of completion certificate
Copy of commencement certificate
Proof of transfer fee payment
No objection certificate for renting a property
When a tenant, generally a company, leases a property with the intention of using the premises as a registered office, the landlord must provide a No Objection Certificate (NOC). The company must secure the NOC before opening the office.
Landlords must give a NOC declaring that they are ready to rent out the premises to the firm and have no objections to the company’s usage of the premises or a portion thereof.
The NOC letter format should contain details, such as:
Name of the landlord.
Name of the company to which the property is being rented out.
Address of the property.
Date and place.
Landlord’s signature and contact details
No objection certificate of court by administrator
Section 307 of the Indian Succession Act of 1925 states that an administrator cannot mortgage or transfer any immovable property by sale or exchange without first obtaining court authority. The administrator cannot lease such properties for more than five years. If a structure violates construction ordinances, no urban development authority or other relevant authorities will provide a no objection certificate (NOC). After conducting strict, transparent, and fair inspections, the authorities issue a no objection certificate.
NOC from housing society for property sale
A housing society may issue a NOC if any of its members intends to sell or transfer ownership of the property, make alterations or renovations, or acquire a loan against it. The paper confirms that the member has followed all society rules and regulations and paid any outstanding dues or obligations. The requirement to obtain a NOC from a housing society before selling a property is determined by the organisation’s policies and bylaws.
To receive this NOC from the housing society, one must provide supporting documentation such as:
Application for NOC
Sale deed
PAN card and Aadhaar card of existing owner and new owner
Passport-size photographs of both the parties
Proof of transfer fee payment
NOC from the builder, if applicable
Can a housing society deny NOC?
Housing societies are legally required to provide NOCs if the seller has paid all dues and followed the bylaws. However, a housing society has the power to withhold issuing of a NOC for legitimate grounds. For example, if the property owner intends to sell the house and has unpaid dues such as maintenance payments, the society may deny the NOC. In such circumstances, the seller must settle the outstanding balances in order to acquire the NOC. Other reasons why a society may refuse to provide a NOC include noncompliance with society bylaws, such as illegal rentals or inadequate paperwork. However, if the society refuses to provide a NOC for reasons such as discrimination, it is considered illegal, and the property owner may take legal action, including delivering a show cause notice and submitting a formal complaint with the appropriate government.
NOC from builder for sale of flat
If a property owner wishes to sell a flat in a housing society, they must acquire a no objection certificate (NOC) from the builder or flat association certifying that the flat has no maintenance or other outstanding payments. The NOC paperwork proves that the individual has the right to sell the property and has paid any outstanding balances to the builder. The NOC from the builder for the selling of flats should include crucial facts such as:
Property details such as address, flat number, building name, street name, locality, etc.
Sale details such as buyer’s name, sale price, other agreements if any, etc.
Construction details, such as permissions and compliance with all rules
Property title and encumbrance certificate
NOC from builder stating there is no objection to the buyer mortgaging the property as collateral for a loan.
Builder’s signature
The NOC does not need to be written on stamp paper, but it should be witnessed and notarised.
NOC for redevelopment of housing society
Many cities have renovated their housing societies. The method include destroying and reconstructing existing social buildings. There are several documents required for the redevelopment process. One of these documents is a letter of consent from the society to its members, which is required for registration in order to agree on permanent alternative accommodation for members.
According to a Bombay High Court decision, district deputy registrars (DDRs) of co-operative societies can no longer require societies to get NOCs for reconstruction. The Maharashtra Co-operative Societies Act does not require societies to obtain NOCs from the DDR for the rehabilitation of their buildings. The General Body of the society has the legal ability to make decisions about the society’s management and affairs, including its redevelopment, in accordance with the society’s bylaws and appropriate government resolutions. The role of DDR is restricted. It may appoint an officer to oversee the selection of a developer, and the officer’s duty is supervisory in nature.
NOC for property tax name change
The housing society must provide a NOC to approve the property tax name change from the old owner to the new owner. The society secretary must issue the NOC on the organization’s letterhead. The NOC document should include information about the society, the property, the present and new owners, and approval for the transfer of the property tax name.
In addition to the NOC, other documents required for property tax name change include:
Duly filled and signed application form
Receipt of the last property tax payment
An attested copy of the sale transaction deed that is in the applicant’s name
The application, NOC, and all supporting documents must be presented to the Commissioner of Revenue. The application and supporting documentation will be confirmed, and the name change will be reflected in the property tax records within 15 to 30 days.
Is a no objection certificate required from a cooperative housing group when selling flats?
In India, a NOC from a cooperative housing association is necessary when selling a flat. The paperwork must demonstrate that the society has no objections to the transfer of ownership, that the seller has no delinquent dues, and that there is no ongoing legal issue.
Obtaining the NOC from a housing association, whether registered or unregistered, is necessary. In the event of an unregistered society, the NOC must be obtained from its members.
As a result, property owners must consult with their housing society before proceeding with any property transfer.
There is no need for a housing society’s NOC to sell or rent properties in Mumbai.
The Maharashtra Housing Department stated in 2022 that a flat owner is not required to seek a NOC or no objection certificate from a housing society before selling or renting a flat. He stated that housing organisations would not give a NOC if a person intended to sell their flat to a member of the minority community. He also stated that the cooperatives department has indicated that a no objection certificate is not required, and residents can file objections with the deputy registrar. However, if a property owner wishes to sell the property, he must get a no dues pending certificate from the housing organisation.
As per the housing byelaws issued by the state cooperatives department in Maharashtra in 2014, no NOC is required for letting out or selling a flat. No objection certificate from a society is not required for the sale and purchase of flats, as stated in Bye Law No. 38 of the Cooperative Housing Society Rules. In addition, bye law no. 43 requires a housing organisation to provide a NOC certificate in order to sublet a flat. Furthermore, per the byelaws, if an individual requires a NOC, it must be provided within 30 days.
The bank may request a no objection certificate from society when purchasing a home. The government may request NOCs as part of legal documentation. To receive a NOC from the society, you must write a letter requesting that the society owner or secretary give the no objection letter. The format of the society’s NOC letter is similar to that of other request letters. It should include the address, salutation, body of the letter information (such as your address and the purpose of issuing the NOC), and signature.
Is the NOC required for plot registration?
An NOC is required when applying for plot registration under Section 21 of the Registration Act of 1908. However, before registering a plot, it is critical to consult the state government requirements. For example, Punjab recently granted a one-time relief to its inhabitants by granting in-principle clearance to remove the section requiring NOC for land and property registration. This was applicable to owners of plots up to 500 square yards in unauthorized colonies who registered their homes without an NOC between December 1, 2024 and February 28, 2025.
Should NOC be notarized?
In the case of an NOC for property transfer, each legal heir must sign the declaration and present the necessary identity documents. The declaration must be signed by a notary or oath commissioner and written on non-judicial stamp paper.
Concluding and Our Point of View
The NOC is an important document while engaging in various property transactions. As a result, understanding the right procedure for submitting a NOC application is critical. Furthermore, one should be aware of the appropriate authority that will issue the certificate. You can seek advice from a legal expert on how to draft the NOC application.
FAQ’S
Is it necessary to get an NOC from society for a gift deed for property?
If you have all of the necessary paperwork to show your ownership of a property, you do not need to obtain a NOC from the society to donate it.
Is an NOC valid for life?
No, once you obtain an NOC, it is valid for only six months.
How do I write an NOC for land?
You can simply announce your readiness to rent/sell your land and then go on to describe every detail of the property.
Is NOC certificate needed for all types of property transfers?
A no objection certificate is required in all sorts of property transfers.
Is NOC legally binding?
No objection certificates are legal documents that can be presented in a court of law.
Should NOC be on a stamp paper?
A no objection certificate (NOC) must be stated on stamp paper. However, NOCs can be submitted in court, which is why they should be witnessed and notarised.
Is NOC from siblings required for gift deed?
The legal owner of a self-acquired property may gift it to anyone. The donee, or the person who gets the gift, is not obliged to obtain any NOC from his family members for the transfer of property.
