Disputed MHADA Flat transferred From My Deceased Brother To His Wife.

548 votes

In your case, the issue revolves around the transfer of a MHADA (Maharashtra Housing and Area Development Authority) flat without proper notice or consideration of your objections. Since you have been in possession of the flat for over 30 years and have invested money in it, you have a legitimate interest in the property. Moreover, you have submitted documents such as the power of attorney, joint account details, and ration card to MHADA, which should have been considered before any decision was made. Under the MHADA Act and relevant Maharashtra land laws, when a property transfer is requested, especially after the death of the original owner, it must be done following proper legal procedures. The person claiming the right to transfer the property, in this case, your deceased brother’s wife, must establish her legal entitlement. As you have objected to this transfer and have submitted evidence, the authorities were required to take your objection into account. In your situation, you may have grounds to challenge the transfer if MHADA officials have transferred the flat without due process and without informing you, despite your objection. You can consider taking the following steps: You can file a complaint with the MHADA office, demanding an official review of the decision to transfer the property. You can also file a Right to Information (RTI) application to request all documents and the decision-making process regarding the transfer of the flat to your brother’s wife. This will help you understand if there was any procedural irregularity or violation of your rights. If you believe the transfer was done unfairly or illegally, you can approach the Maharashtra Co-operative Court or a civil court to challenge the transfer. You may need to seek a legal declaration regarding your ownership or share in the property, especially since you have been in possession of the flat and have financial involvement in it. If the MHADA officials acted improperly or violated any rules, you can file a complaint with higher MHADA authorities or approach the Housing Ministry for redress. Additionally, if you suspect any misconduct, you can approach the Anti-Corruption Bureau to look into the actions of the MHADA officials.

Advocate Rohan Venkatesh Yemul LawRato