Flat transfer in a West Bengal cooperative housing society: organise the file
04 Nov 2026
Quick answer
NOC for sale, letting or bank loan: A society NOC for sale of a flat, a consent to let it out and a no-objection letter for a bank loan answer three different questions, rest on different rules and should be applied for separately. Name the purpose precisely in your application, attach the papers that purpose needs, and ask for the letter to state that purpose so a buyer, tenant or bank can rely on it.
"Get an NOC from the society" is one of the most common instructions a member hears from a broker, bank or buyer. The phrase hides the real question: no objection to what? A letter that says only "the society has no objection" may be refused by the person who asked for it, or may commit the society to more than its Board actually decided.
Three purposes, three different questions
| Purpose | Who usually asks | What the law we checked says | What the Board actually decides |
|---|---|---|---|
| Sale or transfer | Buyer, buyer's bank, registering parties, government authority | A full transfer of a member's share to another person needs the Board's permission (Rule 113). The value of a share on transfer is the sum the member actually paid for it (Rule 116A(2)). | Whether the society will admit the buyer as a member and record the share transfer, subject to dues and documents. |
| Letting out | Tenant, owner, sometimes the police or a tenant's employer | A member may let out an allotted flat only in limited cases and only with the society's prior written consent (s.93). The society must communicate its decision within 30 days; refusal must give reasons. | Whether the letting fits s.93 and the by-laws, and the terms of the tripartite agreement. |
| Bank loan or mortgage | The lending bank | We did not find a provision in the Act or Rules we read that fixes a "loan NOC" procedure for members. Banks set their own documentation lists. | Usually: confirming the member, the flat and the dues position, and noting the bank's interest in its records if the by-laws provide for that. |
Renovation and general-purpose letters are a fourth group. They are mostly governed by by-laws and building rules rather than the Co-operative Societies Act, and are not covered here.
Society NOC for sale of a flat
For a sale, the Board is deciding two linked things: whether the outgoing member may transfer the full share, and whether the incoming buyer qualifies to be admitted. The buyer applies for membership in Form XXVIII (Rule 108). If someone objects, the objection goes to the next Board meeting and both sides are heard (Rule 109). A refused applicant may appeal to the Registrar within 30 days of the decision being communicated (Rule 110).
A sale NOC is useful to a buyer only if it is specific. Recommended contents:
- names of the outgoing member and the proposed buyer;
- flat number, share certificate number and number of shares;
- dues position up to a stated date, or the condition that dues be cleared before transfer;
- the Board meeting date and resolution number;
- any condition still open, for example a government permission in Salt Lake or New Town.
The society's letter is not a substitute for permissions held by other bodies. In Salt Lake, the Urban Development & Municipal Affairs Department's new-membership application to the Land Manager, Bidhannagar asks for the society's resolution admitting the buyer as one of its attachments. In New Town, NKDA lists a Joint Registrar's approval of membership for co-operative flats where membership changed after 2011. The society's decision is one input to those processes, not the end of them. For the full transfer file, see organising a flat transfer file.
NOC for letting a flat in Kolkata, Salt Lake or New Town
For co-operative flats, letting is the purpose with the clearest statutory rules. Section 93 of the 2006 Act allows a member to let out an allotted flat only if the member has been transferred to a place outside the society's area, must live elsewhere under service conditions, is compelled to live elsewhere for business or profession, or in other circumstances the Board approves. The member applies in duplicate with evidence; the society decides within 30 days and gives reasons if it refuses; if it consents, a tripartite agreement is executed. A refused or unanswered member may appeal to the Registrar.
The Act also says the society "may" realise a tenancy charge of ten per cent of the monthly rent from the tenant per month (s.93(7)). That is a power, not an obligation, and your by-laws or general body decision decide whether it is used. The practical onboarding steps are in the tenant onboarding checklist, and owner consent and society consent explains which signature covers which point.
NOC for a home loan from a housing society
For a loan, the bank, not the society, decides what it needs. Ask the bank for its exact wording or format before you apply to the society, because banks often reject a generic letter. What a society can sensibly confirm is factual: that you are a member, which flat and shares you hold, your dues position, and whether the society has any recorded charge on the flat. Whether the society must record the bank's interest, or permit a mortgage of the member's interest, is a matter for your by-laws; check them, and ask the bank's lawyer if it matters to the loan.
If you later sell a mortgaged flat, the bank's release becomes part of the sale file. The Salt Lake leasehold-transfer form, for instance, lists a bank NOC where the property is mortgaged.
Common mistakes
- Applying for "an NOC" with no purpose, so the committee drafts a letter nobody can use.
- Using a sale NOC to let the flat, or a loan NOC to support a sale.
- Treating a society letter as if it were Land Manager, HIDCO or NKDA permission.
- Charging or paying an "NOC fee" that the general body has never approved. We found no verified statutory amount for a transfer fee.
Doing this on COOPMAN
NOC Studio asks for the purpose up front: sale or transfer, letting or rent, loan or mortgage, renovation, general or other. Members apply, and during a deal an incoming owner or tenant can apply too. The committee reviews the application, and an approved NOC is issued as a document you can print or save as PDF. Most platform services are currently free; a loan or mortgage NOC carries a platform fee, and any platform fee is shown before you pay. Signed-in members can start at the NOC dashboard; the background is in the flat transfer guide.
This is general information, not legal advice on your application.
NOC for sale, letting or bank loan: frequently asked questions
Can one NOC cover both a sale and the buyer's home loan?
It is better not to combine them. The buyer's bank usually wants a letter in its own format, and the sale decision depends on a Board resolution about membership. Two letters, each naming its purpose, avoid confusion later.
Is there a time limit for the society to issue a sale NOC?
We did not find one in the Rules we checked. The 30-day decision period in s.93 applies to consent for letting out, not to sale. Your by-laws may set a period.
Does a society NOC replace permission from the Land Manager or HIDCO?
No. The society decides on membership and its own records. Permissions from the Land Manager, Bidhannagar, or from HIDCO are separate and depend on the land and lease documents.
What can I do if the society refuses to consent to letting?
Under s.93 the society must give reasons for a refusal, and the member may appeal to the Registrar, who decides after hearing both sides. Keep a copy of your application and the date you submitted it.
Can the society charge my tenant a monthly fee?
Section 93(7) says the society may realise a tenancy charge of ten per cent of the monthly rent from the tenant. Whether your society uses it depends on its by-laws and decisions.
Sources and review
- West Bengal Co-operative Societies Rules, 2011, full text (SupremeToday) supremetoday.ai
- Section 93, WB Co-operative Societies Act, 2006 (Indian Kanoon) indiankanoon.org
- UD&MA form: Application for approval of New Membership (Land Manager, Bidhannagar) udma.wb.gov.in
- UD&MA form: Permission to Transfer Undivided Share of Leasehold Property udma.wb.gov.in
- NKDA – Record of Title (Mutation) nkdamar.org
Facts checked against the sources listed on 3 October 2026.
Next step: read the COOPMAN flat transfer guide or open NOC Studio if you are signed in.
