Is it mandatory to obtain NOC from the society's committee to give our premises on leave and licence basis?

Question

premises is in Mumbai municipal limits.

Answer 1

Check with your Society's registered Bye-Laws. If you dont have them, apply to the Society u/S.32 MCS Act 1960. They are obliged to give you a copy within 30 days on payment of copying fees. In any event, you can inspect the registered bye laws during office hours of the Society.
If Im not mistaken, there was a recent HC or SC judgment pertaining to this issue. I do not remember exactly but I think it was about NOC not being required, but you will be obliged to pay non-occupation charges as per your registered Bye Laws.

Answer 2

Check it out the rules & regulations as provided in the memorandum of the society. If there is no such provision regarding obtaining NOC from the society's committee then go ahead leasing out or giving the premises on license, otherwise obtain NOC & then lease or license it out.

Answer 3

Yes

Answer 4

premises can be taken on lease or licence basis. In lease posssession is there with user. But in licence possession is there with owner only using of that portion is there. If your question is that of lease and licence NOC is mandatory.
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http://www.sbn-kannada.blogspot.com ( MY PUBLISHED ARTICLES IN KANNADA)

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http://www.karnatakalandlaws.blogspot.com (LAND LAWS IN KARNATAKA)

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Answer 5

No. Contact Registrar of Societies for more clarifications.

Answer 6

Do you mean lease or leave.*