Mhada house
Ulhas
(Querist) 25 September 2017
This query is : Resolved
Dear Sir,
My father had been alloted a Mhada house, way back in 1972. He stayed for some years & then let his friend stay as he had a transferable job. My father got a house on rent closer to his relatives so that my mother who was from native place didi not face inconvenience.The house is still in my fathers name but he is no more. He passed away in 2013. My mother does not have a house for herself. The so called friend did not pay us a single penny rent nor was there a rent agreement between my father & him. Can my mother apply for transfer of this house in her name & get the current occupant to vacate the house.
P. Venu
(Expert) 26 September 2017
The property is presently vested jointly with all the legal heirs. They can have it transferred in the mother's name in MHADA and other public records on the basis of a settlement deed.
Dr J C Vashista
(Expert) 30 September 2017
The tenant (of your late father) shall remain always a tenant and cannot become "owner/titleholder" for the house allotted to him (your father). Hence the tenant can be evicted as per law.
The LRs of your father may apply for transfer/mutation of the house in their names in MAHADA records as per existing rules/procedure.
Consult a local lawyer for proper guidance and proceeding.
