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Adv. Tamanna ShaikhAdvocate · Malad West, Mumbai
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Malvani MHADA Flats: Transfer, Old Power-of-Attorney Sales, and Redevelopment (Malad West)

For Malvani MHADA flat owners and buyers: how a lawful transfer works, how to regularise an old sale made on a power of attorney, what happens after the allottee dies, and how redevelopment under Regulation 33(5) works.

Illustration: a woman advocate advising a couple with an old paper about a low-rise flat with a key and green ribbon

Malvani is one of Mumbai’s largest MHADA colonies, with hundreds of low-rise buildings and tenements built for lower and middle income groups. Many flats have changed hands over the years, often on a power of attorney or a notarised agreement rather than with MHADA’s permission. This guide explains, for Malvani flat owners and buyers, how a lawful transfer works, how to fix an old informal sale, and what redevelopment of a MHADA building involves.

Key facts

Who controls transfers
MHADA’s Mumbai Housing and Area Development Board (Estate Manager), Griha Nirman Bhavan, Kala Nagar, Bandra (East)
When a flat can be sold
Only after 5 years from allotment, with the written permission of MHADA and the society
Who can buy
A buyer from the income group the tenement was built for
Informal sales
A transfer without MHADA’s permission can be treated as invalid; the buyer should apply to regularise it
Redevelopment
MHADA layout buildings are redeveloped under Regulation 33(5) of DCPR 2034, with MHADA’s consent

MHADA flat or slum area?

Malvani has two very different kinds of housing, and the rules are different:

  • MHADA buildings and tenements in the MHADA colony, allotted by MHADA, are governed by the MHADA Act, 1976 and the MHADA (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981.
  • Slum areas such as Ambujwadi, Dadasaheb Gaikwad Nagar and Rajiv Gandhi Nagar are covered by slum rehabilitation. In December 2025, the State directed a joint MHADA and SRA survey and a cluster model of redevelopment for the Malvani area. Slum structures follow SRA rules, not the MHADA transfer rules below. See SRA flats.

Selling or buying a Malvani MHADA flat lawfully

  1. Check the 5-year rule. A tenement cannot be transferred within 5 years of the date of allotment.
  2. Check the buyer’s income group. For EWS, LIG and MIG tenements, the buyer must fall in one of those groups; for HIG, in the HIG group.
  3. Clear MHADA dues and get the society’s NOC (or an affidavit if no society is formed).
  4. Apply to the Estate Manager of the Mumbai Board for permission to transfer, with the allotment and possession letters, sale agreement, ID proofs, property card and BMC assessment, and the affidavits and indemnity bonds of seller and buyer.
  5. Pay the transfer charges MHADA levies. The Board may claim a share of up to 50% of the unearned increase in value.
  6. Register the sale deed at the Sub-Registrar and pay stamp duty (6% in Mumbai, 5% for a woman buying alone). See the flat purchase cost calculator.

Full details: selling or buying a MHADA flat.

Bought on a power of attorney? Regularise it

Many Malvani flats were bought years ago on a general power of attorney, an affidavit or an unregistered agreement. Under the 1981 Regulations, a transfer made without MHADA’s permission can be declared invalid, and the occupant treated as unauthorised. MHADA has a regularisation process: the present occupant applies to the Estate Manager with the chain of documents back to the original allottee, the society’s NOC, proof that dues are paid, and the affidavits and indemnity bonds required under the Act, and pays the charges MHADA fixes. Until the transfer is regularised, the occupant may struggle to get a bank loan, a society share certificate or a place in a redevelopment agreement.

When the allottee has died

The heirs apply to MHADA to transfer the tenement, with the death certificate, proof of heirship (a will, succession certificate, or legal heir certificate) and no-objections from other heirs. See MHADA flat transfer after death. The society’s own records are updated separately, under the 2026 housing society rules.

Redevelopment of Malvani MHADA buildings

  • MHADA layout buildings are redeveloped under Regulation 33(5) of DCPR 2034. MHADA, as the original developer and landlord, must consent.
  • Redevelopment can be carried out by MHADA, by a developer appointed through MHADA’s process, or by the society itself through self-redevelopment.
  • Members are entitled to their existing area plus an additional area under the regulation; read the developer’s offer against it.
  • Under the 2026 rules, the society’s redevelopment meeting needs 14 clear days’ notice, a two-thirds quorum, a Registrar’s representative and a video recording, and the developer must be approved by 51% of the total membership.
  • Before signing a development agreement, check the developer’s offer on area, rent and transit accommodation, corpus, timelines and bank guarantee, and get every member’s title in order, including old informal transfers.

Common problems in Malvani MHADA flats

  • Flat bought on a power of attorney, never regularised with MHADA
  • Society share certificate still in the original allottee’s name
  • Illegal extensions or additional floors, which can now block registration (see the October 2026 registration rule)
  • Disputes among heirs after the allottee’s death
  • Water leakage and repairs in old buildings (see leakage from the flat above)

Frequently asked questions

Can I sell my Malvani MHADA flat without MHADA’s permission?

No. A transfer needs MHADA’s written permission. A sale without it can be declared invalid.

I bought on a power of attorney 15 years ago. Am I the owner?

A power of attorney does not by itself transfer ownership. Apply to MHADA to regularise the transfer and register the documents.

Where is the MHADA office for Malvani?

The Mumbai Board’s Estate Manager works from Griha Nirman Bhavan, Kala Nagar, Bandra (East), Mumbai 400051.

Consultations are by appointment at the chambers in Malwani MHADA, Malad (West). To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.

This guide describes the general position as understood in October 2026, under the MHADA Act, 1976, the 1981 Regulations and DCPR 2034. MHADA’s forms and charges change; confirm with the Estate Manager. It is not legal advice.

Related: NRI legal guide: property, power of attorney and documents from abroad.

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