MHADA Grants Conditional Possession to Masterlist Beneficiaries
In a significant move aimed at resolving delays in the distribution of flats, the Mumbai Building Repair and Redevelopment Board (MHADA) has announced that conditional possession of tenements will be granted to the close heirs of eligible original tenants or residents from the master list. This decision, made by MHADA’s Vice President and CEO Sanjeev Jaiswal, is expected to streamline the process for beneficiaries who face complications due to the death of the original tenant.
On 28th December 2023, MHADA conducted a computerized lottery to allocate flats to 265 eligible tenants and residents from old cess buildings. While the lottery was successfully carried out and allotment letters were issued, it was soon discovered that several original tenants or residents had passed away. In such cases, where multiple heirs—including spouses, children, or parents—survive the original tenant, the process of obtaining a legal heirship certificate can take up to six to nine months, leading to delays in flat possession. To address this issue, Jaiswal instructed that in instances where eligible heirs such as sons, daughters, parents, or spouses are identified, they may be granted conditional possession of the flats. However, this will only be allowed upon submission of a “No Objection Certificate” (NOC) from other relatives of the deceased tenant, ensuring that all family members are in agreement.
Additionally, the beneficiary heirs will be required to provide a legal heirship certificate from a competent court within six months of receiving possession. An indemnity bond will also be mandated to ensure compliance with the terms. Until the heirship certificate is submitted, the flat cannot be sold, transferred, or claimed by any third party, thereby protecting the rights of all parties involved. This move is expected to expedite the possession process and prevent further delays for beneficiaries who are waiting to receive their flats. By offering conditional possession, MHADA aims to balance the need for timely allotment while ensuring that legal formalities are fully adhered to. The decision marks a significant step towards streamlining MHADA’s flat distribution process, especially in the context of Mumbai’s ongoing efforts to provide affordable housing for its residents.