A.
Dear Client,
MHADA flats are leasehold property. As per the notification circulated in 2019 by MHADA, no lease has been renewed for more than 30 years, and rent is revised every five years. A MHADA flat acquired through a lottery can be gifted, but it's subject to specific conditions and procedures. MHADA flats have a mandatory five-year lock-in period during which they cannot be sold or transferred. For transfer of ownership of flat either through sale or gift of MHADA flats, an NOC from MHADA(Maharashtra Housing and Area Development Authority) is required to ensure the encumbrance status. To transfer of a MHADA flat to a family member through gift, the donor (current owner) needs to execute a gift deed, register it with the Sub-Registrar of Assurances paying the applicable stamp duty. The donee (recipient) must accept the gift during the donor's lifetime for the transfer to be valid. Once the gift deed is registered, an application with a copy of the registered gift deed the original allotment letter from MHADA, a no-dues certificate from the society, and the prescribed transfer fee are required to be submitted to MHADA and accordingly, post verification of the application, MHADA issues a transfer certificate to the new owner (donee). When the ownership of MHADA flat was transfered to your mother's name post demise of your father in 2008, she being an absolute owner of the said flat can dispose the same through any mode to any body as per her choice. No body can claim a share in the said flat as a matter of right.
Posted On 10-Jul-2025
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