Civil Procedure Code (CPC)

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happydays   02 July 2021

Mhada flat transfer to brother after sister deceased

Dadar, Mumbai, Maharashtra

Background:
In the year 2010, on 16/12/2010, my late sister and I applied for transfer of the tenantment of MHADA flat in our joint name as successor of our late mother and all the formalities as required by MHADA –application form with lists of all legal heirs of late mother’s, their respective status- as dead or alive , family photos, indemnity bonds, affidavits , ads in news papers submitted to MHADA and on the basis of that MHADA issued letter transfer the said tenantment in our joint names, we paid transfer fees of Rs 2885.00. Since 2010 till date we pay our monthly rent in joint names.

Now my sister pass away and this time I wanted flat to transfer to my sole name, deleting my sisters name from record as my sister was unmarried and no hiers and completed transfer of tenantment from and submitted online application. Again I was asked to submit various documents and for over one month go around in circles. Finally now MHADA officer insist that I need to get succession certificate.

I do not understand why he wants this because I am late sisters brother and not her spouse or child and since the succession issue from our mother was settled by MHADA in 2010 and we both jointly and equally holds right to the above tenantment and after her death as per death certificate and other documents the tenantment should be transferred to my name.

 



 7 Replies

G.L.N. Prasad (Retired employee.)     02 July 2021

1.Succession certificate is not meant for immovable properties.  Please get a clarification from MHADA officer.

2.Please obtain a simple legal heir certificate from Competent Authority, normally that certificate is sufficient.

3.Contact a local advocate, who handled types of these MHADA transfers and use his influence and links, as he can issue notice.

4.Also file RTI Application online with a fee of Rs.10/- and seek simple information as follows.

Information solicited on the transfer of MHADA names after the death of joint holders.

1.Please provide me a copy of the laid down norms/circulars/orders that state the procedure for transferring the property in the name of one Individual after the death of another joint holder death.

Please follow the laid down norms.

SHIRISH PAWAR, 7738990900 (Advocate)     02 July 2021

Hello,

For immovable property legal heirship, you will have to apply for a Letter of Administration in Mumbai High Court. You can contact me if you wish to avail of my services. 

Kishor Mehta (CEO)     02 July 2021

You need a letter of Administration from the Bombay High Court for the share of your sister in the property.

T. Kalaiselvan, Advocate (Advocate)     06 July 2021

You are not the class I legal heir of your deceased sister.

However since your sister was unmarried and also your parents also are dead now and there are no other legal heirs other than you to succeed her share in the property, your claim to her share is legally valid.

But remember that you have to prove that you are the successor and only class II legal heir to your deceased sister, hence you may have to obtain the same through a court of law by filing a succession certificate petition or a declaration suit to declare you as the only and lone successor to your deceased sister. 

The Revenue department is not having power to issue legal heirship certificate to Class II legal heirs.

The MHADA is right in directing you to provide the proof that you are her legal heirs which is a legal requirement. What you summitted earlier when your mother died was for that subject matter only and it canot be taken for this situation. You have to comply with the requirement afresh for this situation.

 

jampak   09 July 2021

In the year 2010, my late sister and I applied for transfer of the tenantment in our joint name as successor of our late mother. We completed all the formalities as required by Mhada–application form with lists of all legal heirs of late mother’s, their respective status- as dead or alive, family photos, indemnity bonds, affidavits, ads in news papers are already on the file with your department. On the basis of that Mhada transfer the tenantment in our joint names. Since 2010 till date we pay our monthly rent in joint names.

Now after my sister’s death I approach Mhada for transfer of this tenantment in my sole name. 

All the above documents of original transfer in 2010 are already enclosed in present application. Because I am brother of my late elder, my sister was bachelor and she had no spouse or children and the succession issue was settled by Mhada in 2010 in favour of us both jointly to hold right to the above tenantment.

In addition, with most recent application, and as advised by Mhada officer himself, we gave ads in pubic newspaper in English and Marathi requesting any person with legal claim to come forward with proof. No such person presented themselves.

  • The tenantment was already in our joint names (me + my sister) as evidenced by the rent receipts since 2010 as successor of our late mother
  • The newspaper ads, submitted following Mhada advice, confirmed that no other claimants could be found for this tenantment
  • My affidavit on stamp paper, submitted following Mhada advice, attest to the same fact

So please consider this circumstances and documents already submitted and advise on applicability of succession certificate.

G.L.N. Prasad (Retired employee.)     09 July 2021

When certain guidance is given that involves no costs, please attempt to follow the guidance instead of repeating the same story again and again.  MHADA wants a certificate of legal heirs of your sister whereas your oral versions are not valid and there should be a certificate that states that you are the only legal heir.  Further mere mutation is not enough, you have to get the flat in your name alone and only a local advocate experienced in the matter can give precise guidance.  

jampak   10 July 2021

Thanks for your replies so far. I have been following guidance from Mhada. They said just give ad in newspaper, then we will approve transfer. Just give affidavit on stamp paper that you are legal hire then we will approve transfer. Now I'm being told the case is referred to Mhada legal dept. go talk to them. Who to talk to? answer. we don't know, when they reply we will tell you. Months are passing. So it has been frustrating and felt misleading and go around in circle. So it is important to give correct and full picture of history of our case to this forum members so they understand my dilemma. 

Based on replies so far it is still not clear to me what is needed? So appreciate your patience, but please clarify,

  • Succession certificate or
  • Legal hire certificate? and class I or class II? or
  • Letter of administration
  • Is it from court or from competent authority?
    • and who can be such a competent authority?

 

 


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