Mhada property

Querist : Anonymous (Querist) 16 January 2012 This query is : Resolved
Dear Sir,

My father was an owner of MHADA flat Khar area, After his death when we applied for its transfer in my mother's name to MHADA office at Brandra they have directed us the society stating since it is now a society they will transfer it in my mother's name

My mother also owns a flat at Mahim which is not a MHADA flat also she was a working woman.
The society asking my mother to give them in writing that she does not have any other
property.

Can anybody please guide us what should we do..also that MHADA flat was originally owed by my father and only after his death, as his legal heir, we have requested to transfer it in my mother's name.

Appreciate your response.
Thanks and regards,

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ajay sethi (Expert) 16 January 2012
did your father leave behind any will? or any nomination form ?

if your mother is already owning another flat she can sell it or gift the said property .

she can then give in writing that she does not have any other flat in mumbai

Deepak Nair (Expert) 17 January 2012
Yes. She can gift her flat to you and / or your siblings and claim the MHADA flat.

Querist : Anonymous (Querist) 17 January 2012
Dear Sirs,

I was of the opinion that when you buy a MHADA property that law applies and not for the succession.

Is it really required that she should make a gift deed of her existing property after all its her hard earn property and MHADA property will come to her on succession.

Kindly let me know which Act (Section) is applicable..

Thanks a lot
regards

Rajeev Kumar (Expert) 17 January 2012
Agree with experts

Raj Kumar Makkad (Expert) 17 January 2012
I share your views. There is no necessity at the time of succession because successor might be having some other property and it is totally illogical to direct such successor to dispose of his/her property either by way of gift deed or through any other means.

In case any successor is alone having his other immovable property in Mumbai and in case society refuses to enter the flat of deceased in his/her name then shall the society be eligible to forfeit it?

No. so there is no such law which society is insisting. make an appeal before joint registrar.

Querist : Anonymous (Querist) 18 January 2012
Thank you so much Sir, Your reply is very much appreciated and a sigh of a relief to me and my mother...:))

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