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Raj Rao (-)     06 March 2017

Execution on gift deed on mhada property

MY father has executed registered gift deed on my name , But the officer MHADA is asking for family NOC for the transfer of flat, Can as one help me , 1) Is Family NOC required for the transfer of flat 2) If no what is the remedy for me to tackle the officer in MHADA.


 13 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 March 2017



Registered Gift Deed is self sufficient .... 


Warm Regards 

Kapil Chandna Advocate 


Raj Rao (-)     07 March 2017

Dear sir,


A estate manager in MHADA is asking for the family NOC for transfer so what is the remedy for the same.




shrenik (lawyer)     07 March 2017

Wherr u have registered gift deed? It is notarised? Or registered with sub registrar
1 Like

Kumar Doab (FIN)     07 March 2017

Registered Gift deed confers ownership.

Gift is complete when gifted by donor and accepted by donee.

1 Like

Raja   08 March 2017

Dear Mr Ramesh Singh,

Could you please elaborate on either of the case:

1. If the gifted property was and ancestoral or inherited or HUF

2. Self Acquired.


Raj Rao (-)     08 March 2017

Dear Sir,

The gift deed has been registered with sub-register  and the property is self acuried by my father.



Raj Rao (-)     08 March 2017

Dear Sir,

The property is self acquired and the deed has been registered with sub-register.



Kumar Doab (FIN)     08 March 2017

In case of a (valid) WILL such procedure of NOC from legal heirs is practiced, instead of Probate at locations where probate is not mandatory.

The EO is taking extra precautions as Gift deed can be contested.

Father (owner/Donor) may try by appearing before EO in person to affirm (under proper acknowledgment) that he has gifted by his FREE wish and will and property is self acquired.






Kumar Doab (FIN)     08 March 2017

Go thru escalation matrix/Greivance Redressal Mechanism and approach official above EO if required.


MAHADA function under MAHADA Act , It is special act for alloting houses at concession rate , it also gives plot on lease etc. Now on what terms and condition the property (Flat /plot) is alloted is required to be studied then how it can be transferred is required to be studied . 

You can not fix one MAHADA property rules in another because they have various scheme and various rules . Require detail study of documents of allotment of property. 

This is my opinion regarding MAHADA property (Others may have different opinion ) . Please note MAHADA is one one of the biggest corrupt organization in Maharashtra

Kumar Doab (FIN)     08 March 2017

Madhu is from your state.

You can benefit from shared information and his expertise.

Karan Naik   08 July 2018

Self acquired property can be sold/ gifted by the original allottee without the consent of the other family members.

Kalpana   16 July 2018

Under Which Provision it is mentioned


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