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mdave   08 May 2018

Mhada and occupancy

A particular building is going under-redevelopment. Now, this property was owned by my mother. She didn't leave any succession certificate or will. We both are married. My husband and I have another home so we lived in our home but my sister after marriage came back with her husband at my mothers place since she wasn't comfortable with her in laws. MHADA has asked all tenants to bring occupancy proof. I and my sister both are tenants of the flat but I don't live there. On rent receipt my and my sisters name is there but I had no other proof for the flat, so I opened a new bank account for that address and updated by aadhaar details. MHADA looked at my documents and certified me as an occupant. Then, the redeveloper has also got his NOC to go for IOD/CC and my name is also confirmed as occupant. But My sister has filed a complaint in MHADA that I am not an occupant as am not living there for 18 years and my proof's are recent so my name should be erased as occupant. MHADA in it's hearing said that I must get proofs from 1995 but I don't have any. Please suggest what todo. Also I would like to know, shouldn't succession act come into picture in this ? Both of us are daughters so it is natural that we wont live there after marriage and hence cant have occupancy proof. Any feedback is welcomed. Thank you.


 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 May 2018

if deceased died intestate apply for and obtain letters of adminsitration from district court/legal heir certificate for all properties standing in deceased name 

Kumar Doab (FIN)     08 May 2018

Have you obtained MHADA rules.

If yes pls attach.

Check if IT is latest;

https://mhada.maharashtra.gov.in/pdf/documents%20req.%20for%20tot.pdf

 

Kumar Doab (FIN)     08 May 2018

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record ….. and worth his/her salt …and well versed with regulator notifications and show all communications on record…

LCI Experts Mr. Hemant Agarwal, Mr. M adhu, Me. Kishore Mehta, Mr. M.V.Gupta from your location/state post on such matters …

If you wish you may get in touch with them.


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