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Ulhas   20 August 2024

Transfer of mhada house from deceased husband to wife

Dear sir / mam,

My father had applied to mhada way back in 1972 and was alloted a house then. He stayed in the house for a long time before his transferable job with government took him to various places and kept him away from the house. During this period, he shared this place with one person from his native state who had no food or place to stay & helped him as fellow human being. 

My father passed away in 2013 and now I want to transfer this house in my mother's name. We are 3 siblings and we have no objection but the person whom my father had helped and allowed to stay with him, has made illegal documents and is illegally staying in our house. 

We approached Mhada office and they are refusing to transfer it in my mother's name citing the house should be in our posession & with third person, only then they can transfer.

Our contention is that you first transfer the house in my mother's name so that as the rightful owner she can approach appropriate authorities.

Can some one guide us the correct procedure.

Thanking you 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     20 August 2024

If the registered title document to the property is still on your father's name, then you all can file a suit for ejectment to eject the occupier who is illegally squatting in your property.

After that you can get the property transferred to your mother's name.

Ulhas   21 August 2024

Dear T.Kalaiselvan Sir,

Thank you very much for your reply. Very much appreciated. Just one last question, should I apply for transfering it my mother's name first of file a suit for ejectment

One person from Mhada whom I met is saying that they cannot transfer the house in my mother's name till the illegal occupant does not vacate. 

Shouldn't it be the other way - first the house has to be transferred to my mother's name and only after she gets the title - she can file case against him for ejectment?

Also please share your mobile number & let me know if you can take up our case.

My mobile no is 98331 35441, you can call or message me & we can discuss & take this forward.

Prasad

 

T. Kalaiselvan, Advocate (Advocate)     22 August 2024

There is an unauthorised person living illegally in your property hence you can very well take action to throw him out of the property by filing a suit for ejectment before the appropriate court. 

As your mother and the children of your deceased father are entitled to a share in the property, all can jointly file the suit.

Ulhas   26 September 2024

Thank you very much for your advise sir. Will the property be transferred only after eviction or Mhada can transfer the property even when it is occupied by the illegal occupant. 

By the way, transfer is from late husbands name to wife's name. Does Mhada have the right to prevent the transfer? If so, under what rule or act?

T. Kalaiselvan, Advocate (Advocate)     27 September 2024

The subsequent questions are based on the practical situation, you may enquire about it in local and get to know under what law that can restrict you or the mhada can pass any order which will cause grievance to you.

Ulhas   28 September 2024

Dear Sir,

Request you to please share your number or call me / msg me on 98331 35441. Also kindly let me know if you can take our case and help.


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