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M.K.Gandhi (CEO)     25 August 2013

Transfer of mhada property

My mother received a MHADA flat in a lottery under journalist category (I think it was 2% reservation). This is in Mumbai The flat is less than 3 yrs old. recently my mother passed away and she willed that flat to me. My sisters have no objection, and we all have signed a family understanding.

I am having a flat in my and my wife's joint name in Mumbai.

1) In such case can I get this flat transferred in my name?

2) Or should I first gift away my flat to my wife or kids (who have just turned adult) or to HUF (I am forming one)? And then proceed for transfer?

3) Also can some one guide me as to procedure to be followed.

4) If I gift this flat to one of three mentioned above, will they have to pay stamp duty and registration charges?

 

Thanks



Learning

 14 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     25 August 2013

To understand your issue :

The flat owned by your mother (which she received under the journalist quota) was given to you by a will. So it can be transferred in your name based on the will.

MHADA in Mumbai, normally asks the applicant to fill in the names of the persons/next of kin staying at the premises while filling the form.

When the flat is allotted, MHADA has a rule stating that the allottee should not possess another flat in his/her spouse's name at the time of allotment. After allotment, if the flat is to be transferred under a will, then such condition does not exist for transfers. Hence you can get the flat transferred in your name without selling/gifting/transferring your other ownership flat.

You may have to follow the procedures of MHADA and they may ask you to obtain a probate of the will if required.


Though as mentioned above you need not transfer your ownership flat, in case you wish to gift the flat to your wife and kids, you will have to pay stamp duty but at a lesser rate than if you were to sell it to strangers. But you don't require to do this.

S Jadhav

98336 98330

1 Like

M.K.Gandhi (CEO)     25 August 2013

Dear Mr. Jadhav, 

Thanks a lot.

As per List of Documents to be submitted for transfer of tenancy rights in respect of tenaments to MHADA states as under,

"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."

Is the same rule also applicable in case of transfer of flat as per will ?

Also can you tell me what will be stamp duty percentage in case of flat valued at Rs.60 Lakhs as per ready ready recknor, if gifted to adult unmarried children?

swapnil p baikar (asst manager)     09 December 2013

Sir,

I'm willing to buy a resale flat in girgaon,charni road,mumbai.Its a mhada building & seller has been allotted the flat by MHADA. From the property papers given by the seller,it appears that she has only  tenancy right & not an ownership right. She has allotment letter in her name but she has been paying rent to mhada. The receipts of the same are in the papers.Also, in the property papers there is one agreement wherein its written that tenants can not transfer the tenancy right or transfer the property in anyone else's name. Is it possible for her to sell the flat legally ??

Is it advisable to buy such a property ??

Mustaq (Director)     17 November 2014

My Name is Mustaq Ahmed, I am a treasury of Society of Mhada, Our previous Chairman has done lots of misuse of funds and we have removed him from his post by taking election by appointing a supervisor as per society norms. Chairman has a flat on his name and a open parking which he has purchase from the builder. last years after taking the society in our control, we have passed a resolution in AGM and prohibited selling of Parking. Any member who sells flat has to surrender his parking to society and every year society committee take a lottery and allot parking to members and next year the remaining members can get those parking who didnt get parking in lottery.The situation has became tense recently when the previous chairman has purchase another flat in his wife name and along with flat he has purchased the parking with it. we have issued the noc to seller with clear clause that parking will not be saleble. inspite of that now the previous chairnan has parking his car in purchased parking. we have given him a letter to remove the car from parking, in reply to our letter he has send us a legal notice that we have harrashing him. also we would like to know can a person purchase Mhada Flat on his spouse name while having a flat on his own name in same building. also need supreme court orders copy to reply to lawyer. 

Girish Honavarkar   10 July 2015

Hello 

Pls let me know what is the MHADA stamp duty & registration charges ?

What is the cost of MHADA transfer ?

 

Regards

Yogdeep Hate   09 August 2015

Hello Sir actually kuch 18 sal pehle maine mhada ka flat mutual understanding pe kharida tha aur koi bhi stampduty registration nahi hua tha Abhi owner transfer karne ke liye noc bhi nahi de raha aur society bhi support nahi kar rahi to mujhe kaise mera flat transer karana hoga? Mein esi flat me rehta hoon 18 salose. Plz koi help kardo

Shankar   27 October 2015

Dear Sir/Madam,

We have a property which is in the name of my father and he has not made any will of the property. Unfortunately he died in the month of March and now property needs to be transferred in my Mom name. We are 3 children, 2 son and 1 daughter and have no objection to transfer property in her name. Kindly advise the procedure that is to be adopted in case of transfer of Mhada property.

Karan Naik   08 July 2018

The MHADA flat can be transferred in the name of the spouse by online application and executing relevant documents.

Snehal Shah   03 August 2018

Hello,

I have a similar situation - we have a MHADA property that our family has been renting since 1948 - starting with my great grandfather to my dad (deceased 2015) and my mom (deceased 2018 July) - we are 2 brothers and our mom has a registered will that bequeathes the rights to both of us equally. What and how can we proceed with this? I have heard different things from different indivduals with regards to the will, 2 names, etc. Can someone help guide us please? thanks

amey   02 November 2018

Hello,

my mother-in-law is selling her mhada room so we can buy a bigger mhada property. Me and my mother-in-law are buying the mhada property in mumbai.

can we register the property in both names ie., her and my name or ony either of the name.please help.

Karan Naik   02 November 2018

You will have to obtain a Letter of Administration from High Court.

Karan Naik   02 November 2018

Yes u can buy a bigger property.

amey   02 November 2018

hello sir

sir can that property be registered in my mother-in-lays and my name both.

Tarun Hasija   12 March 2020

Hi Mr Gandhi just wanted to know did you got the transfer of Mhada Flat completed without leaving the ownership of existing Flat ?

My Father also is in a similar situation and some guidance would be helpful. Thanks


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