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Radha Kumar   05 June 2017

Mhada flat transfer

5 years back we bought a one BHK MHADA flat in Versova and all paper work done according to the procedures and then we are renting that unit till today. Now when we would like to transfer the flat to our name the owner is reluctant and he is saying that we need to pay him more money upfront if needs to be transferred. He also contacted the society and  gave a requisition not to issue the NOC to us. Under these circumstances what our options to get it transferred to our name. We are hearing so many of these stories now a days and now our turn came. Please help us to find a legal way to get out of this. We are looking for some legal help in this connection, if any one is interested, please let us know.



Learning

 9 Replies

Ms.Usha Kapoor (CEO)     05 June 2017

You both have entered into sale agreement? Have you paid EMD or advance money to him? How much inn all at the time of sale agreement he committed himseldf to receive as total payment for  the flat as sale priceHave you been through out the purchase/sa;le contract ready and willing to pay the  purchase PRICE.?. You've all these receipts/invoices with you. ?File a suit for specific performance. Engage a good civil and property expert lawyer who is trust worthy.

Kishor Mehta (CEO)     05 June 2017

Sir, It will depend on the legality of the document under which you have purchased the flat, and the terms and conditions contained there in. Whether it was registered? Whether the seller had the authority to sell it? You will be well advised to consult a lawyer in your own interests. Good luck, Kishor Mehta

Kumar Doab (FIN)     05 June 2017

‘Buyer Beware’

 

Applies to property deals.

The local counsel of unshakable repute and integrity specializing in revenue matters and well versed with Local Laws/Rules and that has examined all docs/communications can provide proper legal opinion.

 

The drafting of agreements/deeds by a seasoned counsel may cost you some FEE but can defend your hard earned monies and long term interest.

 

There are ‘n’ number of threads at LCI by unsuspecting querists/buyers that have been/get/can get fleeced……..

 

Kumar Doab (FIN)     05 June 2017

If you have acted under expert advice of your counsel then might have applies for transfer also and paid requisite FEE.

 

Since the seller has submitted a requisition to society against transfer, you may act under expert advice of very able counsel.

Kumar Doab (FIN)     05 June 2017

 

LCI experts Mr. Hemant Agarwal, Mr. M.V.Gupta, Mr. Kishore Mehta, Mr. Madhu…………… are from your location/state and have been posting on such matters………………..

 

If you wish you may benefit from their counsel.


(Guest)

I will be very clear to you MAHADA operates under special state law of MAHADA and rules thereof.  Its agenda is to give subsidised flat or plot to specific individual and they are not supposed to transfer the same for specific time.  People transfer this flat etc. within specific time like making Deed of Assignment etc. 

Now when time comes flat can be transferred legally origianl allotee creates the problem telling that you are encrocher etc. and he demands more money etc. 

This is what is going in market.  And evenutally you , he and Mahada are in legal issue. 

Now I honestly found out many Adv. whether they are aware or not they still encourage transfer of MAHADA flat and create problem for new buyer. 

Once I pointed out to one Adv. this procedure is not proper there is restricition of MAHADA flat he says to me I don't know anything. 

Now if you meet such Adv. and if he has given you such advice or people what I can say ? 
 

Only solution now left is 

Take Latest edition updated of MAHADA with all updated acts , resolution , rules , regulation and search if there is scheme for encrochment reguralizing in it and apply it. Oral talks has no meaning if anyone in MAHADA says I can make straight then request them first copy of that rule , GR , Regulation then only we can follow. Govt /semi Govt works on rules and regualtion without looking at latest copy nothing can be said , and no advice can be given. 


Well this is my honest reply (Sorry I remeber those who criticise me when I object MAHADA flat before transfering it has to be checked properly etc) 

1 Like

Radha Kumar   06 June 2017

Yes, we entered in to the sale agreement, all money was paid as per the agreement, have complete records for all transactions.

Radha Kumar   06 June 2017

It was not registered, it was a sales agreement only.

Kumar Doab (FIN)     06 June 2017

Mr. Madhu is forthright.


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