• Inheritance of DDA lease hold flat

S.N. 8 given in Affidavit on DDA web site ( https://dda.org.in/docs/ALTTRANSFER.pdf ) for transfer of allotment/flat to son in case of death of father (not left any will) states that "That I, my husband/wife, dependent relations and minor children do not own any plot or flat in Delhi except, one being requested for transfer after death of my husbandI/wife........" 

 Does that mean that if son or his wife/children already has a DDA flat, the leasehold flat of the father after death cannot be inherited by son? This declaration demanded in Affidavit appears to be highly illogical. What happens to the property then?. Will it go bak to DDA?. 
 
( In this case son in question is my brother- in -law who has a flat in Delhi and has inherited his father' flat in Delhi who expired long back and mother too is no more. He is totally perplexed that how can he sign this affidavit to get rights of his father's property )
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) since DDA flats are allotted at concessional rate the objective is that person should not have more than one such flat in his name

2) hence affidavit is required that dependents do not own any other flat in Delhi

3) if dependents have any flat they should sell that flat then apply for transfer of flat in their name

4) if they already have flat the inherited flat may not be transferred in their name

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Sir..

After the fathers death ....all the children are legally entitle in the property ....there is no big issue....any way ..the son can collect all the papers and check the column of nominee..if the name comes out ...then fathers property will transfer to the particular person ..

Best Regards

Aamir Naseem (Advocate)

Supreme Court Of India

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

I am not a lawyer practising in Delhi, so I am unaware of DDA laws, but there cannot be a law which puts an embargo on the right of the legal heirs to inherit a property if they own their property. Right to inherit a property is an absolute right which cannot be contained or abrogated on the ground that the individual owns another property. You should consult a Delhi based lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

As per this notification it means that only.

However the clause is purely illegal and hence you can challenge it in high court in its writ jurisdiction.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The conditions for allotment of DDA leasehold flats have been framed keeping in view the welfare of people in general and not for the benefit of privileged few.

The authorities require the declaration to this effect in th form of an affidavit hence it is clear from the conditions that nobody can hold more than one flat

It is a leasehold flat and not free hold property, the conditions are to be abided with.

If one is already having a flat the inherited flat may not be transferred in his/her name

You can make a representation to the authorities in this regard if you are aggrieved by this condition, seeking to relax the same using their discretionary power.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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