Estate Management, Sale, Transfer and Exchange of Tenements regulations, 1981.

Important Regulations

TRANSFER OF TENEMENTS / REGULARIZATION

Transfer of tenements: – If any allottee dies, or, in the course of his service or employment, is transferred, or secures or intends to secure another accommodation or leaves the place within the jurisdiction of the local Authority in which the tenement is located for reasons not known to him or anticipated by him [prior to the allotment of the tenement or desires to transfer the tenement to any other member of his family,] his tenement during the currency of the tenancy under regulation 20, may be permitted by the Chief Officer to be transferred in the name of any other member of his family: provided that such member

Prohibition against transfer of tenement

1. No allottee shall, during the currency of the tenancy under Regulation 20, transfer any tenement allotted to him except with the pervious permission in writing of the Board and also of the housing society or the company, if such a society or company has already been formed and registered.

Note : [ It shall be open to the Board to refuse the permission or to grant the same subject to such condition including a condition regarding the payment of portion of the unearned increase in the value of the tenement not exceeding fifty per cent of such increase as the Authority may, in its absolute discretion but subject to the other provisions of this Regulation, thinks fit.]

2. The housing society or the company may give permission to transfer any tenement, if-
(a) 1. A period of five years has elapsed from the date of allotment of tenement under Regulation 20 to the allottee;
2. in the case of tenements falling in the housing schemes formulated for persons belonging to the Economically Weaker Section or the Low Income Group or the Middle Income Group, the transferee falls within any of the aforementioned groups;
3. in the case of tenements falling in the housing schemes formulated for persons belonging to High Income Group, the transferee falls within the same income group;
(b) the transferee has paid all the dues to the Board on behalf of the Authority.

3. If any allottee transfers any tenements in contravention or the provisions of clause (1) or clause (2)
(a) the Board may declare such transfer to be invalid and to be of no effect, and the transfer made in favour of the transferee shall stand cancelled;
(b) the transferee shall be deemed to be in unauthorised occupation of the tenement and may be evicted therefrom under Chapter VI of the Act Provided that no such declaration shall be made unless the transferee has been given an opportunity to submit his explanation in writing to the Board; and
(c) the Authority shall refund the amount paid by the allottee without any interest after deducting an amount equal to rent for the period during which the tenement was occupied by the allottee.

Note: [25-A Part not to apply to commercial tenements:- The provisions of this part shall not apply to commercial tenements.]

DOCUMENTS TO BE SUBMITTED FOR TRANSFER OF TENANTMENT / REGULARIZATION  IN RESPECT OF Flats under 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. Allotment Letter , Possession Letter issued by MHADA to Mill Worker  / Original Allottee
3. Seller Aadhar Card , Pan Card and 10 Passport Size Photos
4. Purchaser Aadhar Card and Pan Card and 16 Passport Size Photos
5. Certified Copy Sale Deed / Agreement for Sale / Gift Deed
6. Full OC copy / Part OC copy
7. Property Card of Plot / Building / Premises
8. BMC Assessment copy of Building / Premises
9. NOC from the Co-operative Society, in case the Co-operative Housing Society is formed or an affidavit on Rs. 100/- stamp paper declaring that the Co-operative Housing Society is not formed.
10. Applicants two photographs duly attested of applicant.
11. Applicants Family Photo (4” X 6” size)
12. latest payment receipt towards arrears of rent clarifying therein no any dues form MHADA.
13. Charges towards transfer of tenancy rights shall be paid on online or by the way of Demand Draft/Pay Order of any Nationalised Bank and receipt of payment to that effect shall be submitted. Transfer Fee charges Rs.7500/- only for Mill Worker Flats
14. According to the provision of Section 25 of MHAD Act 1976, Affidavit and Indemnity Bond of Both Seller as well as Purchaser.

The prescribed application along with the above documents is required to be submitted  online on E- Mitra / Aple Sarkar website and Physical Copy need to submitted E-Mitra at MH&AD Board, Bandra (East), Mumbai – 400051.

As per MHADA the process it will take Minimum 23 working days as per their policy based on the submitted documents for Transfer.

We can assist with the process of  Stamp Duty Calculation /  Registration  / Transfer  / Regularization from MHADA for more details you can mail to contact@legalsight.in or call to 98700 98750.