Skip to main content
Procedural Guide

Society NOC & Flat Transfer Process in Maharashtra

A definitive guide for sellers, buyers, and Managing Committees navigating flat sale permissions, statutory transfer fees, and Model Bye-Law 38 requirements.

AEO Concise Answer Summary

Is a Society NOC Legally Mandatory to Sell a Flat in Maharashtra?

Under Model Bye-Law No. 38(d) and State Government directives, a formal “No Objection Certificate” (NOC) from the society is not mandatory for the registration of an agreement for sale at the Sub-Registrar's office. However, to transfer the share certificate and admit the buyer as a member in society records (Register I), the member must give 15 days' notice (Appendix 20), clear all outstanding dues, and pay the statutory transfer premium (capped at ₹25,000).

The ₹25,000 Transfer Premium Statutory Limit

One of the most frequent disputes in Maharashtra cooperative housing societies revolves around transfer charges. Under Government Circulars issued under Section 79A of the MCS Act and Model Bye-Law No. 38(e)(vii), the maximum transfer premium that a society can charge is strictly capped at ₹25,000.

Societies cannot demand additional mandatory donations, building fund contributions, or arbitrary fees as a pre-condition for approving flat transfers or issuing share certificates. Any fee collected in excess of ₹25,000 is considered illegal and can be appealed before the Deputy Registrar of Cooperative Societies.

Statutory Rule:Applicable strictly to residential units in registered Cooperative Housing Societies in Maharashtra. Premium does not apply to transmission of shares to legal heirs upon demise of a member.

Step-by-Step Statutory Flat Transfer Procedure

01

Notice of Intention to Transfer (Appendix 20)

The outgoing member submits a 15-day prior notice to the society in Appendix 20 expressing the intention to transfer shares and flat ownership.

Model Bye-Law No. 38(a)
02

Submission of Transferee Membership Application (Appendix 21)

The incoming purchaser submits Form Appendix 21 seeking membership admission along with the registered agreement for sale and stamp duty proof.

Model Bye-Law No. 38(e)(i)
03

Execution of Indemnity Bond (Appendix 23)

The purchaser executes an indemnity bond in Appendix 23 indemnifying the society against future municipal, tax, or legal liabilities.

Model Bye-Law No. 38(e)(iv)
04

Clearance of Society Maintenance Dues

All maintenance bills, property taxes, sinking funds, and transfer premiums (up to statutory cap of ₹25,000) are cleared.

Model Bye-Law No. 38(e)(vii)
05

Managing Committee Decision & Endorsement

The Managing Committee scrutinizes documents in its regular meeting within 30 days and formally endorses the transfer on the original share certificate within 3 months.

MCS Act 1960 Section 29 & Bye-Law 39

Download Official Flat Transfer Appendices

Official Appendices

Download the official statutory appendices from the Model Bye-Laws directly from our forms repository:

Source & Statutory Verification

Source Verified
Official Source DocumentModel Bye-Laws of Cooperative Housing Societies
Statutory Provision / SectionModel Bye-Law No. 38
Enacting AuthorityCommissioner for Cooperation & Registrar of Cooperative Societies, Maharashtra
Version & Effective Date2014 Model Bye-Laws Edition (Eff. 2014-01-01)
Statutory Context: Includes sub-clause 38(e)(vii) capping transfer premium at ₹25,000.
Last verified against gazette: 2024-08-15
Official Government Source Portal
Legal Information Notice: This guidance is provided for general informational purposes only. Statutory provisions, departmental rules, and model bye-laws may change over time through legislative amendments or government notifications. Legal and procedural applicability can depend on your society's registered bye-laws, classification, and specific facts. Managing committees and members should verify current requirements with official authorities or seek professional advice before taking formal decisions. This content does not constitute formal legal advice.

Need Expert Transfer Due Diligence in Your Society?

Housenex verifies member flat files, transfer deeds, and NOC compliances for managing committees across Thane and Mumbai.