Thank you for your reply. I checked the MHADA rules from its website. These are the rules that I could find:
DOCUMENTS TO BE SUBMITTED FOR TRANSFER OF TENANCY RIGHTS IN
RESPECT OF TENEMENTS AT MUMBAI HOUSING AND AREA DEVELOPMENT
BOARD.
1) An application in prescribed format which is available at Rs. 10/- in the office of
the concerned Estate Manager, MH&AD Board, Griha Nirman Bhavan, Kala
Nagar, Bandra (East), Mumbai – 400 051.
2) Certificate duly signed by the applicant indicating therein the reasons for transfer
of tenancy rights.
3) Death certificate (original) in case original tenement holder is dead.
4) An affidavit on Rs. 20/- stamp paper declaring therein that he/she,
his/her/wife/husband and unmarried children have not possessed any
land/tenement in the Mumbai City and in the extended suburb areas.
5) The No Objection Certificate from the original tenement holder for proposed
transfer at tenancy rights.
6) NOC from the Co-operative Society, in case the Co-operative Housing Society is
formed or an affidavit on Rs. 20/- stamp paper declaring that the Co-operative
Housing Society is not formed.
7) If the applicant is in service, certificate of annual income from the concerned
organization, firm, department, where the applicant is employed.
8) An affidavit on Rs. 20/- stamp paper declaring therein the annual income of the
applicant. Ifnot in service or self-employed & copy of income tax return.
9) Applicants two photographs duly attested of applicant.
10) Certified copy of latest payment receipt towards arrears of rent clarifying therein
no any dues.
11) Heir ship Certificate from competent authority indicating therein the relation of the
applicant with the tenement holder.
12) Charges towards transfer of tenancy rights shall be paid either in cash or by the
way of Demand Draft/Pay Order of any Nationalized Bank and certified copy of
receipt of payment to that effect shall be submitted. Transfer charges are as
following:-
• Low Income Group @Rs 45/Sq.ft Maximum of Rs 15,000.00
• Middel Income Group @Rs 55/Sq.ft Maximum of Rs 25,000.00
• High Income Group @Rs 60/Sq.ft Maximum of Rs 35,000.00
13) The prescribed application along with the above documents is required to be
submitted within 15 days in the office of the concerned Estate Manager, MH&AD
Board, Bandra (East), Mumbai.
14) According to the provision of Section 24 of MHAD Act 1976, transfer of tenancy
rights are applicable to the following legal heirs of the original tenement holder.
Husband or Wife.
Unmarried son & daughter.
Married son and his family members.
Widow daughter and her unmarried childern.
Father and Mother.
Now my question remains the same as my original question. What do they mean in point #11 "Heir ship Certificate from competent authority indicating therein the relation of the applicant with the tenement holder." Do they want Legar heir certificate from local tehasildar OR do they need Succession certificate from Court? The thing is getting a Succession certificate is very expensive and time consuming, so I would prefer if I can simply submit the legal heir certificate from local tehasildar. would this be sufficient?? According to mumbai city govt website (https://mumbaicity.gov.in/htmldocs/legal.htm) Legal heirship certificate is issued for a limited purpose of receiving Government dues such as Govt. Provident Fund, Gratuity etc. to the legal heir of the deceased employee of the State and Central Govt.
My father was a central govt employee and since Mhada is a govt. organization so does transfer of Mhada flat tenancy rights to son count as receiving goverment dues or not??
Also, accodrding to rule #14 does it mean that my two married sisters don't have a claim at this property? And me being the only unmarried son has a claim acc, to Mhada rules? If this is the case then legal heirship certificate from tehasildar should be sufficient? Please clarify. I really need your help. Thank you.
