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Yogesh Jadhav (Senior Analyst)     14 March 2024

Mhada flat transfer from younger brother to his older brother

Hello All,

We owned a Mhada Flat from approx.1982 till date. which was allotted to my uncle's name, as my father tried his luck many times in mhada lottery but could not win any mhada flat. So after trying many unsuccessful  attempt, he requested his younger brother to fill form in his name and whatever form fees and other procedures where all completed by my father including all fees.. Later my uncle won the lottery and he received allotment letter from Mhada office - Estate Manager. After completing all the legal procedures we finally received the procession of the flat in year 198-83. Later we come to know that all the Mhada Property documents and other legal paper has only mention my Uncle name. So in around 1989-90 my Father approach Legal advisor and he suggested to make Power of Attorney and written agreement on a stamp paper between my Father and Uncle. He willingly singed all the legal papers and left the house from then and stayed in our native place. 

We also were happy with this selfless approach and didn't take any further action or follow any proper method of Mhada Transfer Tenancy Act. After some years Mhada official visited our place and asked us to do proper paper work as per Mhada Transfer Tenancy Act. Mhada then file a case against us and asked to pay stamp duty and registrations fees and Transfer the flat in our name. But due to family issues and economic losses we failed to complete the transfer procedure.

Now after 30-35 years passed we are now financial stabled we approach Mhada for Transfer of flat. Mhada officer told us that we require original tenant i.e. My Uncle for further process. So we approach my uncle, but equation between my uncle and my father is not same. they both have disputes now. And my uncle is now refuses to sign any paper. his demand are more now. However he has not claiming his any rights nor he is forcibly staying in our house.

Please advice what to do now. Also what happen if he dies without any settlement as his health is not well . He has 2 sons and 1 daughter.

waiting for your reply. I know it is very lengthy but this is what i have to say.




 1 Replies

T. Kalaiselvan, Advocate (Advocate)     14 March 2024

Your uncle is the legally recognised owner and since he has come back and occupied the property, you cannot get any favorable order from court even if you file a suit for declaration of title on the basis of adverse possession.

Hence the solution is a compromise settlement 

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