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Andy Anderson (Research)     20 December 2017

Mhada property transfer - legal heir or succession certifica

Hello,

We have a MHADA house in Mumbai in the name of my Father. My father and mother both are deceased now. They have two daughters and one son (me). I want to know if I will need Legal Heir Certificate or Succession Certificate to get the property transffered in my name? At the time of buying the house my father had put my name (his son) as the nominoee to the flat in MHADA forms. Does this mean I can simply use the nomination to get the property transferred in my name? My two sisters are willing to give no objection certificate to reliquensih their claim on the property. Please help me. Thanks!



Learning

 17 Replies

KISHAN DUTT KALASKAR (Advocate)     20 December 2017

1. Usually  it will be changed as your father entered your name as nominee.

2. It is better to be double secured to have Certificate of Heirship.

3. To be more conscious   get Relinquishment Deed from your two sisters.

1 Like

Andy Anderson (Research)     20 December 2017

 

Thank you for your prompt response SIr. Actually I had gone to MHADA office to enquire and they said a succession certificate is mandatory to transfer property to my name. DO you think certificate of heirship is enough in this case. Can MHADA insist on getting a sucession certificate made? Also, the legal heir or succession certificate will be made in name of all three children or only me as the flat needs to be transfered only to me? Please advice. Thanks

Kumar Doab (FIN)     20 December 2017

Download the MHADA rules from IT’s website or refer to the application form in which rules are narrated.

Sucession Certificate may be requirement in case of MHADA.

Andy Anderson (Research)     15 February 2018

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.

Andy Anderson (Research)     12 March 2018

Can somebody please clarify on my above query? Please Lawyers of club India need your help!!

Karan Naik   08 July 2018

Letter of Administration is mandatory in the absence of the spouse of the original allottee. The LOA will  have to be obtained from the High Court. The sisters will have to relinquish their right if they do not intend to keep their rights in the said property.

Andy Anderson (Research)     08 July 2018

Thank you Sir for your reply.

Andy Anderson (Research)     08 July 2018

Sir,

Could you please let me know what will be the approximate cost and the approximate time that it will take to get a "letter of administration / succession" made by the high court including lawyer fees etc. Thank you in advance.

Karan Naik   09 July 2018

The court fee is 75k- maximum plus 50k towards fees. The court fee can be less in the event the property is a MHADA Repair board tenement. The property value is then ascertained based on the monthly rent paid to MHADA x 150. 

Karan Naik   09 July 2018

The court fee is 75k- maximum plus 50k towards fees. The court fee can be less in the event the property is a MHADA Repair board tenement. The property value is then ascertained based on the monthly rent paid to MHADA x 150. 

Karan Naik   09 July 2018

The court fee is 75k- maximum plus 50k towards fees. The court fee can be less in the event the property is a MHADA Repair board tenement. The property value is then ascertained based on the monthly rent paid to MHADA x 150. 

Andy Anderson (Research)     01 August 2018

Hello Sir,

Thank you for the information. May I request you to kindly give a detailed idea about the costs for getting this done? Like

1) Court Fees = 75,000

2) Lawyer fee = ?

3) Transfer fee to Mhada = ?

4 Other charges = ?

SIr, I am asking the above details as there is a lot of misinformation regarding this and I wanted a good idea about the costs involved in getting a succession certificate from high court and getting the transfer done from Mhada. Thank you so much! 

 

 

Karan Naik   01 August 2018

Sir,

1) Court Fees = 75,000 maximum. The court fee can be less in the event the property is a MHADA Repair board tenement. The property value is then ascertained based on the monthly rent paid to MHADA x 150. 

2) Lawyer fee = 50k

3) Transfer fee to Mhada = depends on the Board, whether it is Mumbai Board or Repair Board. If Mumbai board, then Rs. 500/-. If Repair Board then 2000/-.

4 Other charges = 35000/- Service fee
 

Andy Anderson (Research)     01 August 2018

Thank you Sir. It is a regular Mhada flat and not repair board tenement. Can you please clarify what is service fee = 35000? is that not included in the lawyer fees? Thanks


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