Response

In this case the mother cannot transfer the flat to his son under S.R.A scheme before 10 years because the rules under Section 3E of Maharashtra Slum Area Act 1971 says that selling of flat or transfer of ownership of flat should be done after 10 years.

However only power of a attorney can be made in favour of the person in whose name ownership will be transferred but complete ownership will be transferred after 10 years. The guidelines, issued by SRA and approved by the state government, say that both the seller and the buyer of the SRA dwellings will be debarred from buying or selling of such homes in future. The rules also state that the person or family intending to buy an SRA apartment should be domiciles of the state and should not own a house within the limits of the Brihanmumbai Municipal Corporation.

So after 10 years period you don’t have to rely on power of attorney to transfer the flat. A SRA Flat can be transferred after 10 years to a person. The charges will applicable as per existing Govt., rates and market value. the procedure is you have to prepare a title deed viz., gift deed etc., and to submit it along with photo form, id and residential proofs along and required registration, stamp both executant and the claimant should appear before concerned registration authority or sub registrar.

Reference: Section 3E of maharashtra slum area act 1971
Case ref.
1.Abdul Samad Petitioner v. The State Of Maharashtra And Others S
2.Shaikh Abdul Rahim v. State Of Maharashtra And Others
3.Harshaben Madhu v. Additional Collector And Others

202100348-20210042-20946

LAWAYZ-2023-341