Thousands of families in Malwani, Charkop, Goregaon, Bandra, Vikhroli and other MHADA colonies live in flats allotted decades ago to a parent or grandparent. When that allottee dies, the family often assumes the flat simply “goes to” the nominee or the eldest son. It does not. MHADA’s records, and the housing society’s records if there is one, have to be transferred formally, and until that is done the family cannot sell, redevelop, take a loan or even get clean documents.
This guide explains how the transfer works. Rules and charges change, so confirm the current requirements with the concerned MHADA board office before you apply.
First, find out what kind of MHADA property it is
| Situation | Who records the transfer |
|---|---|
| Flat in a building where a co-operative housing society has been formed | The society transfers the share certificate and membership; MHADA’s records are also updated through its board office |
| MHADA tenement where no society has been formed | The Estate Manager of the concerned MHADA board |
| Flat allotted in a redeveloped cessed building (master list) | The Mumbai Building Repair and Reconstruction Board of MHADA |
For society flats, the society’s part of the process is the same as for any housing society. See transfer of a society flat after a member’s death.
Who counts as a legal heir for MHADA
MHADA’s published checklist for transfer of tenancy rights refers to Section 24 of the Maharashtra Housing and Area Development Act, 1976 and lists these relatives of the original tenement holder:
- husband or wife;
- unmarried son and daughter;
- married son and his family members;
- widowed daughter and her unmarried children;
- father and mother.
Where there is a will, or where several heirs are entitled, the others usually give a no-objection or release in favour of the person in whose name the flat is to be transferred.
Documents MHADA usually asks for
MHADA’s checklist for transfer of tenancy rights includes:
- The prescribed application form, available from the Estate Manager’s office.
- The original death certificate of the tenement holder.
- A heirship certificate from the competent authority, or other proof of the relationship.
- No-objection certificates from the other legal heirs.
- An NOC from the housing society, or an affidavit that no society has been formed.
- An affidavit that the applicant, spouse and unmarried children own no other tenement or land in Mumbai or the extended suburbs.
- Income proof: a salary certificate, or an income affidavit with income-tax returns for the self-employed.
- The latest rent or service-charge receipt showing no arrears.
- Two attested photographs.
- Payment of the transfer charges.
The Mumbai Board’s Estate Manager sits at Griha Nirman Bhavan, Kala Nagar, Bandra (East), Mumbai 400051. Many applications can now also be started online; ask the office which route applies to your colony.
Transfer charges
MHADA’s published checklist sets transfer charges by income group, calculated per square foot with a ceiling: up to Rs 15,000 for Low Income Group, Rs 25,000 for Middle Income Group and Rs 35,000 for High Income Group tenements. These figures may have been revised, so confirm the current charge with the board before paying.
Will, nomination and probate
- Nomination is not ownership. A nominee in the society’s records holds the flat for the legal heirs; it does not cut out the others.
- A will decides who inherits. In Mumbai, a will made by a Hindu, Sikh, Jain or Buddhist generally needs probate before it can be relied on. See wills and probate in Mumbai.
- Where there is no will, a succession certificate or heirship certificate may be needed, depending on what the board asks for. See legal heir certificate, succession certificate and probate.
Heirs of tenants in redeveloped cessed buildings: the January 2025 policy
Many tenants on the master list for redeveloped cessed buildings died before receiving their allotment letters, and a court heirship certificate can take months. In January 2025, MHADA’s Mumbai Building Repair and Reconstruction Board announced that close heirs (spouse, children or parents) can be given conditional possession on:
- an NOC from other relatives who could claim the flat;
- an indemnity bond and an undertaking; and
- submission of the heirship certificate within six months of the possession receipt.
Until the heirship certificate is submitted, the flat cannot be sold or transferred.
Common problems
- Family disagreement: if heirs cannot agree, MHADA will not choose between them. The dispute goes to court, often through a suit for partition or a succession proceeding.
- Flat sold earlier on power of attorney or notarised agreement: MHADA does not treat these as valid transfers. The buyer’s position depends on the facts and needs advice.
- Arrears: clear MHADA service charges and society dues first; the transfer will not go through otherwise.
- Old records in a different name: match spellings across the death certificate, heirship papers and Aadhaar, or explain the difference by affidavit.
Frequently asked questions
My father’s MHADA flat is in his name only. Can my mother transfer it to herself?
Yes, if the other legal heirs give their no-objection, or there is a will in her favour. Otherwise all heirs share in the flat.
Do I need a court succession certificate?
It depends on the board’s requirements and on whether there is a dispute or a will. Many transfers go through on a heirship certificate and NOCs from other heirs.
Can we sell the flat right after the transfer?
Sale of a MHADA flat needs MHADA’s permission. Lottery flats also carry a lock-in period. See selling or buying a MHADA flat.
See also: property matters.
See also: Muslim inheritance share calculator.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes the procedure as understood in October 2026, based on MHADA’s published checklist and announcements. Requirements and charges differ between MHADA boards and change from time to time. It is not legal advice.