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MUSTANSIR Jamnagarwala   30 November 2023

Mhada trnsfer by father to son

My elder brother is a resident of MHADA tenant in Byculla mumbai area. He is living with his wife and married son.

one Daughter is married and staying with her husband. Due to old age parents wants his MHDADA room to be transfer to his Son. Daughter has no objection for the transfer. What is the best way of getting transfer without any hassle.

1. Can owner  make will in his son's favor so that son can get it transfer subsequently after his death.

2. can owner apply for transfer of room in his son's favor and get it transfer from MHADA. Is any transfer fees payable.?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     01 December 2023

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.

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. 


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