Sandeep Dustakar
The undersigned is residing in MHADA ‘s cluster Housing Society at Charkop,Kandivali (West),Mumbai.
The original flat was allotted to my real brother through MHADA Lottery in year 1998 ,However the same flat he gifted me through gift deed ( Without any consideration ) and registered the said agreement after paying necessary stamp duty and registration charges with registrar in the year 2013.
To full fill the condition of MHADA of required of Society NOC to amend their record of tenant holder in their register I applied for NOC with society after submitting registered Gift deed and my request letter.
However from last 1 year society refusing to issue me a NOC saying first i should pay Transfer premium of Rs. 25,000/- ( The other procedure related change in society record and Share certificate is also Pending because of NOC )
Sir, since the said flat is gifted by real brother to me through Gift deed as such i informed them as per Bye Laws the transfer is within a family hence No Transfer premium is applicable in my case.
However society says if the flat is owned by Father /Mother and they transfer to their son or daughter then the transfer premium is not applicable.
I requested society to give me a proof of the same but they are not providing.
Sir, can you guide me in this issue for
A) Is there a different bye law for MHADA Base co operative housing society?
B) Any copy of order issued by MHADA registrar in similar to my case?
C) Guideline to put my case strongly with society management.
Waiting for assistance
I C Naik
File your application in the Registrar’s Office. You will be advised by them as per Mhada Bye-Laws. Try to get a copy of bye-laws to find out correct position.