Transfer of property (a flat) at mumbai

M.M.Lal (Querist) 05 February 2017 This query is : Resolved
Dear Sir,
My maid servant has a problem. A flat in Oshiwara (Mumbai) of Maharashtra Housing Development Authority (MHADA)allotted to some slum dweller was given on a condition that the flat cannot be sold for ten years. My maid purchased the flat from the owner before the completion of ten years, by way of Agreement for Sale (Not registered). Her legal heirs had joined in the transfer and also gave an Indemnity Bond that they will be responsible if there is any loss or damage to the transferee(My maid servant). Later, the owner died. The legal heirs are ready to execute any document. Please advise whether this property can now be transferred by execution of conveyance deed and registered properly in Mumbai. What would be step by step procedure keeping in view the fact that MHADA had stipulated a ten year condition, as stated above, which was in fact violated by this transfer.

M.M.Lal

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Kumar Doab (Expert) 05 February 2017
She has just a unregistered agreement to sell.

There is NO transfer to maid.

The legal heirs need to approach MHADA and submit corresponding forms, along with fee (if any) documents e.g; death certificate, legal heir certificate .............for transfer in the name of legal heirs.