342+ Lawyers are online 
Society refusing to grant NOC to new buyer to conduct his business
06-Oct-2023 (In Property Law)
This is regarding a coop society which is non residential and only consists of clinics of doctors. There is a shop on the ground floor which we want to sell. While the society has given NOC for transfer of property to the new buyer they have refused to allow the new buyer to conduct his business of furniture and furnishings as it is non medical in nature. They say the constitution of the society only permits chemists and medical purposes in all the properties of the building. Over the years we have carried out several non medical businesses on this property due to the existence of an agreement between us and the society permitting us to conduct any business. But the society says this agreement is only between us and the society and not between the new buyer and the society hence the new buyer cannot carry out his business. Wouldn’t this right to carry out business pass on with sale of property to the new buyer? And is it even valid for the society to prohibit non medical businesses?
Sir,
Your query is very interesting and debateable. While the Society is guided under the statutory norms of Maharashtra Cooperative Societies Act and rules, the society can always follow specific rules, but cannot conduct a business activity which is otherwise allowed by law to be conducted from a Commercial premises, meant for it. BMC issues specific licenses for allowing to conduct business activities.
so answer to your query is that Society cannot prohibit. Necessary action can be taken against the society and its managing committee, as per law.
Your query is very interesting and debateable. While the Society is guided under the statutory norms of Maharashtra Cooperative Societies Act and rules, the society can always follow specific rules, but cannot conduct a business activity which is otherwise allowed by law to be conducted from a Commercial premises, meant for it. BMC issues specific licenses for allowing to conduct business activities.
so answer to your query is that Society cannot prohibit. Necessary action can be taken against the society and its managing committee, as per law.
Helpful?
Adv. Sarthak Shah
Mumbai | 100+ Answers
Chat
How do you write an agreement between a buyer and a seller?
Contact information of the buyer and seller.
Address of the property to be sold.
The amount to be paid by the buyer for the property.
Date of transfer
Disclosures.
Contingencies.
Signatures.
What is an agreement for sale of items?
The agreement specifies the terms of sale including the description of goods sold, the amount to be paid, the identification and payment details of the goods as well as warranties and the right of inspection for the buyer. 12-Feb-2023
What is the difference between a sale deed and an agreement to sale?
Both terms are synonymous in real estate. Both are distinct, and they're executed at separate events. A sale agreement is used to validate the deal between the buyer and seller, while a deed of sale acts as proof of ownership transfer.
Is sale agreement legally valid?
A sale agreement that is not registered has a validity period of three years. If there is a negative condition in the agreement, for example, that the buyer must register the property within 3 months, then the statute of limitation will be extended by this period.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
