Response

The Maharashtra Housing and Development Authority (MHADA) is liable for developing houses for people belonging to middle-income and lower groups throughout the state.

In Mumbai, the MHADA has been developing low cost housing units withinside the suburban regions below the Pradhan Mantri Aawas Yojna. This organisation is likewise liable for the redevelopment of Chawls of the city.

Those who are owners of apartments provided by MHADA are allowed to put their houses for sale after 5 years from the date of purchase. However, one should be careful if one is purchasing a flat in resale.

This is due to the fact that generally sellers provide Power of Attorney of the house and not the sale deed that is registered so as to sell it in the lock-in period.

Sale via the PoA is deemed illegal, and if the MHADA conducts a marvel raid, you’re susceptible to be evicted.

Here is the procedure you need to comply with to buy MHADA flat in resale:

1) Demnad a no-dues certificates from the society through the seller.

2) Seek the original allotment letter from the MHADA at the proprietor’s name. Also, ask for the share certificates that the society would possibly have given to the proprietor and the replica of the letter wherein the proprietor is looking to switch the certificates.

3) The society membership transfer fee should be shared among the parties.

4)Check the past balance of the electrical meter and ask the seller to send a copy of transfer letter to you as well.

Reference: Maharashtra Housing and Area Development Authority, 1976.
Case law:
1) Mrs. Tripti Manish Sahni vs Manish Gobindram Sahni on 20 March, 2012

2) Maple Tie-Up Pvt. Ltd vs Dr. Ashok Trivikram Wagle And Ors on 7 April, 2016

3) Dr. Ashok Trivikram Wagle vs Estate Manager-5, Mumbai H And … on 7 April, 2016 – – AHG120 – 202100580 – 59 – 60 – 2021001992021004217925

LAWAYZ-2023-934