NOC for sale, letting or bank loan: identify the correct purpose
04 Nov 2026
Quick answer
Flat transfer in a West Bengal cooperative housing society: A flat transfer in a cooperative housing society in West Bengal has two parts, and each needs its own file. One is the property transfer: the deed between seller and buyer, plus any permission from the land authority. The other is the change of membership: the Board's permission for the share transfer, the buyer's admission as a member, and updates to the share certificate and register. Rule 113 makes a full share transfer subject to the Board's permission. In Salt Lake and New Town, the government lessor or the local authority also asks for society papers. Three organised files, one each for the seller, the buyer and the society, save weeks of back-and-forth.
This guide is for sellers, buyers and committee members. It sets out the documents each side typically holds, what the Rules require of the society, and what changes by location. It does not cover price negotiation or the sale agreement.
What the Act and Rules say
- Nature of the flat. An allotted flat in a housing co-operative is heritable and transferable immovable property, but it cannot be partitioned (s.92(3)).
- Title. An instrument of transfer under the Transfer of Property Act, 1882 is conclusive evidence of the member's title (s.92(1)). No title passes until the prescribed payment to the society has been made (s.92(2)).
- Board permission. Membership ends when a member transfers the full share to another person with the Board's permission (Rule 113).
- Buyer's admission. The buyer applies in Form XXVIII to the society's Chief Executive Officer (Rule 108). Objections are heard at the next Board meeting, with both sides heard (Rule 109). A refusal can be appealed to the Registrar within 30 days of its communication (Rule 110). For housing societies, Rule 131 lists an affidavit, attested photographs and proof of financial capacity.
- Share value. On transfer, a share or interest is valued at what the member actually paid to acquire it (Rule 116A(2)). This is the share value, not the price of the flat.
- Election freeze. No admissions or share transfers from 30 days before an election AGM until the new Board takes charge (Rule 18).
- Rule 138 is headed "Transfer and letting out by members of a housing cooperative society". We have not read its text, so check it before relying on any time limit for the society's decision.
Two points are often stated with confidence but are not confirmed by the sources we used: that the Registrar's permission is needed for every sale, and that there is a fixed cap on a society's transfer fee. Ask the society for the by-law or decision behind any requirement or charge.
Society flat transfer procedure in Kolkata: three files
| Seller's file | Buyer's file | Society's file |
|---|---|---|
| Share certificate (original) | Membership application, Form XXVIII | Board resolution permitting the share transfer |
| Allotment letter and deed for the flat | Rule 131 documents: affidavit, photographs, proof of financial capacity | Board decision admitting the buyer, after hearing any objection |
| Letter of resignation or surrender of membership | Identity and address proof | Updated register of members (Form XII) and share ledger |
| Dues statement, with the period covered | Nomination in Form XXVIIIB, once admitted | Share certificate endorsed or reissued |
| Bank NOC and loan closure, if mortgaged | Loan sanction and the bank's document list, if borrowing | NOC for sale, if issued, with its exact purpose |
| Nominee's position, where one is recorded | Draft deed, for the society's information if its by-laws ask | Copies of papers supplied to the authority |
The share certificate step is where most errors happen. Records to compare before endorsing a share certificate lists the cross-checks. An NOC should say what it is for. A "sale" NOC is not a loan NOC. See NOC for sale, letting or bank loan.
What changes in Salt Lake, New Town and Kolkata
Salt Lake (Bidhannagar)
For co-operative flats on government leasehold land, the Urban Development & Municipal Affairs Department's form "Application for approval of New Membership" is addressed to the Land Manager, Bidhannagar. It lists the society's resolution admitting the applicant, a Urban Land (Ceiling and Regulation) Act affidavit, an eligibility affidavit, a certified copy of the outgoing member's deed, indemnity bonds from both parties and the outgoing member's resignation. It prints a processing fee of Rs 1,000; confirm the current fee with the department. The forms warn that the lessor may re-enter if conditions are breached or facts are concealed. BMC's assessment checklist separately asks for the co-operative's membership approval with its resolution.
New Town
NKDA's mutation list for co-operative flats includes the society's registration certificate, the list of original members and, for membership changes after 2011, an approval letter from the Joint Registrar of Co-operative Societies. Whether WBHIDCO's permission is also needed depends on the plot and on current policy. Confirm it with WBHIDCO.
Kolkata and elsewhere
The society steps above apply. Municipal records (KMC or the relevant municipality) and stamp duty on the deed follow their own processes. Check the current stamp duty and market value on wbregistration.gov.in.
A workable sequence
- Seller asks the society for its transfer requirements in writing, and a dues statement.
- Buyer checks title and membership together. See title deed and society membership.
- Buyer applies for membership. The society hears any objection at the next Board meeting.
- Board resolves to permit the transfer and to admit the buyer, subject to the deed being registered.
- Authority permission is applied for where needed (Salt Lake, or New Town if applicable).
- Deed registered. Society updates its registers, records the seller's cessation and issues or endorses the share certificate.
- Buyer files a nomination and applies for municipal mutation.
- Every request and decision dated and in writing.
- Every charge linked to a by-law or recorded decision.
- Nominee and heir position checked before the Board resolution.
- No step falls within the Rule 18 election window.
Doing this on COOPMAN
On COOPMAN, the seller or the incoming buyer applies for an NOC in the NOC Studio, choosing the purpose (for example sale or transfer). The committee reviews the application and issues the approved NOC as a document. Membership transfer has three approvals: the outgoing member's surrender, the society's approval and the platform's final approval. The incoming person then becomes the Owner Member, with the history kept. These steps record the society's decision. They do not replace deed registration or authority permissions. See the flat-transfer guide, or open NOC Studio (sign-in required).
This article is general information and not legal advice on any particular transfer.
Flat transfer in a West Bengal cooperative housing society: frequently asked questions
Does the seller's membership end when the deed is registered?
Membership ends on a full share transfer made with the Board's permission (Rule 113). The society should record the cessation and update the register of members once its conditions, including deed registration if it made that a condition, are met.
What is the 'value' of the share on transfer?
Rule 116A(2) values a share or interest on transfer at the sum the member actually paid to acquire it. This is the share value in the society's books, not the market price of the flat.
Can the society refuse to admit the buyer?
The Board decides, after hearing any objection (Rule 109). Rule 107 says no qualified person shall be excluded. A refused applicant may appeal to the Registrar within 30 days of the decision being communicated (Rule 110).
What does the Salt Lake new-membership application need from the society?
The UD&MA form lists the society's resolution admitting the applicant, along with affidavits, a certified copy of the outgoing member's deed, indemnity bonds, and the outgoing member's resignation.
Is there a legal limit on the society's transfer charge?
No cap or amount was found in the sources used here. Ask the society for the by-law or general body decision that sets any charge, and get a receipt.
Sources and review
- Section 92, WB Co-operative Societies Act, 2006 (Indian Kanoon) indiankanoon.org
- Section 92(2), WB Co-operative Societies Act, 2006 (Indian Kanoon) indiankanoon.org
- West Bengal Co-operative Societies Rules, 2011 (official notification copy, ICMAI) icmai.in
- West Bengal Co-operative Societies Rules, 2011, full text (SupremeToday) supremetoday.ai
- Rule headings index, WB Co-operative Societies Rules, 2011 (wbxpress) wbxpress.com
- UD&MA Department: Application for approval of New Membership (Salt Lake co-operatives) udma.wb.gov.in
- Bidhannagar Municipal Corporation: Assessment Department citizen charter bmcwbgov.in
- NKDA: Record of Title (Mutation) nkdamar.org
Facts checked against the sources listed on 3 October 2026.
Next step: read the flat-transfer guide, then apply for a purpose-specific NOC in NOC Studio.
