The that “property can not be transferred by the holder before 5 years,” is not applicable to a property whose holder dies before five years. With NOCs from other legal heirs you can verymuch apply to MDHADA and get the property conveyed to you with transfer of share certificates. Mhada property related issue
This is MHADA Property related issue - Property: Powai - In the name of: My father and my mother (since my father had won under MHADA lottery) - Financing made entirely by me - Possession: September 2019 (So this is a <5 years old property) - My father passed away in March 2021- Now I want to check if the property can be entirely transferred in my name - My mother and younger brother are OK with this, since I have entirely financed the property - KEY ISSUE to check is that as per MHADA, the property can not be transferred by the holder before 5 years - Society can not issue a share certificate to my mother since my father is no more Appreciate your quick advice - post which can get into a detailed arrangement. Thanks.
Asked 1 year ago in Property Law
Religion: Hindu
6 Answers
According to the provision of Section 24 of MHAD Act 1976, transfer of tenancy rights are applicable to the following legal heirs of the original tenement holder.
Husband or Wife.
Unmarried son & daughter.
Married son and his family members.
Widow daughter and her unmarried childern. Father and Mother.
3) your mother and younger brother can execute relinquishment deed
4) application in prescribed format which is available at Rs. 10/- in the office of the concerned Estate Manager, MH&AD Board, Griha Nirman Bhavan, Kala Nagar, Bandra (East), Mumbai – 400 051.
5) Certificate duly signed by the applicant indicating therein the reasons for transfer of tenancy rights.
6) Death certificate (original) in case original tenement holder is dead.
7) An affidavit on Rs. 20/- stamp paper declaring therein that he/she,
his/her/wife/husband and unmarried children have not possessed any
land/tenement in the Mumbai City and in the extended suburb areas.
8) lock in period would not be applicable in case of demise of original allottee
- The clause , the Property cannot be transferred by the holder before 5 years" not applied in your case , and hence after the demise of father , his share in the property would be devolved upon all the legal heirs equally.
- Further, the other legal heirs i.e. mother and brother can registered a Relinquishment deed in your favor to make you 100% sharer of the property .
- However, there may requirement of gift deed by your mother in your favor for her 50% share in the property.
Since your father who is the allottee died intestate, your mother and siblings are required to execute a registered release deed relinquishing their rights in the property after which you can apply for transfer of records to your name on the basis of this release deed.
Dear client,
As per the information you have shared, it appears that the MHADA property you are referring to is subject to certain restrictions, including a 5-year restriction on transfer by the holder.
In this case, since your father, who won the property through the MHADA lottery, has passed away, you can check with the MHADA authorities regarding the transfer of the property to your name. They may have specific guidelines and procedures for cases such as these, and it is best to consult with them directly to know the process and requirements for transfer.
Additionally, you can consider seeking legal advice from a property lawyer to understand the options available for transfer of the property and to ensure that the transfer process is completed correctly and smoothly
It can be transferred after the restricted period as per the said scheme of mhada. Later through any deed it can be transferred
