Is it necessary to take the NOC of the Society before selling one’s flat?
Pradeep Nair, Ghatkopar
No Objection Certificate (NOC) is not required from the society for sale of one’s flat. Model Bye Law 38 (d) provides that NOC of the society is not required to transfer the shares and interest of the transferor to the transferee. However, in case such certificate is required by the transferee or the transferor, he/she shall apply to the society and the managing committee the society may consider such application on merit within one month.
What is the legal remedy if a licensee does not vacate the flat even after the expiry of the lease agreement?
Venkat Rao, Andheri
The words “licensee” and “lease” cannot be used interchangeably. It is presumed that your query pertains to “leave and licence agreement” and not “lease”. Leave and licence agreement unlike an agreement of lease only confers a license on the licensee to use the premises for a limited duration on certain terms and conditions. The licensee has to vacate the flat upon expiry of the tenure of the leave and licence agreement and also in accordance with the terms of the leave and license agreement. You may send a legal notice to the licensee to vacate the flat and subsequently you have to file a suit to recover the possession of the flat with the civil court. In case of lease, eviction proceedings will have to be initiated. The leave and license agreement or the lease agreement shall be duly registered, failing which, enforcing it will create legal hurdles apart from the landlord being liable to penal action.
Can a society legally bar members from undertaking carpentry work on Sundays and public holidays to curb noise pollution?
Amar Jadhwani , Khar
Housing societies function on the principle of cooperation hence basic cooperation is expected of members while considering any work or repair in their flats to make it liveable. However, it is likely to cause some inconvenience to other members. The Model Bye Laws 48(a) provide that no member shall do any activity which may cause nuisance, annoyance or inconvenience to any of the members of the society. It does not specify the timings or days on which such work shall or shall not be carried out. It is up to each society to frame rules with the approval of the general body. Some societies have framed such rules including the penalty for violation of the timings specified therein. You should take prior written permission of the society for storing the carpentry material (including wood, ply sheets and tools) and carrying on work in the society premises as wood is a combustible substance. As per the Noise Pollution (Regulation and Control) Rules, 2000, limit for residential areas during the day time (6.00am to 10.00pm) is 55 decibel and that at night (10.00pm to 6.00am) is 45 decibel.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
The questions, in brief, may be sent to fpjchs@gmail.com
