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Mangesh P. Shelatkar   01 October 2015

Mhada house to be transferred from husband to wife

Hello,

Greetings for the day.

We have a MHADA house in Mumbai which is in the name of my Father since 1961.

My father passed away in 2012 leaving behind him my mother, 4 maried daughters and 1 son.

We have applied in the society to transfer the ownership from my fathers name to mother, for which we have submitted an Indemnity Bond, NOC from all legal heirs in 2012.

We have also submitted Membership Application form in the name of my mother. However the society officials are not doing the transfer and all the related documents (share Certificate) is still in the name of my father.

As per MCT 1960 undersection 22(2) she is by default a member as the forms are submitted long back, however the records are still not updated. The society officials do not respond to letters. I have still submitted form for Associate Member form & nomination form around 6 months back.

I have registered an Appeal towards the Dy. Registrar Mhada  under section 22(2)..

Also now she is currently mentally unstable. 

Please advice under these conditions what is the best option,

1. Can it be still transferred in my mothers name as all the letters and forms are submitted in 2012.

2. If not what is required to transfer the property in the name of son.

Many Thanks.



 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 October 2015

Apply under RTI Act to know the status of your application. if it is not processed till date, you file a fresh application in the name of the son, by enclosing necessary documents/papers.

Mangesh P. Shelatkar   02 October 2015

Thanks for your help.

As per MCA 160 under section 22(2) she has become a member as they have not replied within 3 months after submitting the form. 

Is it required now to resubmit the form in the son's name ??

Also along with the Membership form we have submitted the Associate Member form and the Nomination form. 

The society officials have accepted it and also given the acknowledgement. Moreover they have given us the 3rd copy of the Nomination form (which is to be given after registering the nomination in the society register).

If we submit a fresh application now all the correspondence done from past 3 years will go waste.

Please advice.


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