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rohit jadhav   16 December 2020

Sale permission from mhada

Hello sir, my family is living in a Mhada tenement since last 60 years which was originally allotted to my paternal grandfather.

1. After his death all his legal heirs gave NOC to transfer the tenement in my grandmother's name . 10 years after that my grandmother transferred it to my father's name and it has been 22 years since then .  

2. Now my father wishes to sell the tenement due to financial problems . When one of my aunt came to know about the sale ,she filed an affidavit in Mhada saying that she wants her share . After applying for RTI her lawyer pointed that during the transfer to my father, in my grandma's affidavit my grandmother has written that" she is having only son ". This was because her other son had passed away 9 years ago.  With this point Mhada has rejected to give sale permission . My grandma still lives with my father and his family.  

Plz kindly suggest what options do we have in the following situation....



Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     17 December 2020

Hello,

Your grandmother has every right to transfer the property as per her wish. Your Aunty's claim is not maintainable. MHADA officers will not touch the file as legal notice is served on them. Try to cure the defect in documentation with the help of a local advocate.

Dr J C Vashista (Advocate)     18 December 2020

The property is self acquired by your grandmother, who is competent to dispose it as she desired. 

What is the documents executed by your grandmother to transfer subject property in favour of your father ?

It would be better to consult and engage a local prudent lawyer for necessary analyses of facts/ documents, professional guidance and necessary proceeding.

rohit jadhav   29 December 2020

Shirish pawar , Thank you sir...


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