Claim your family flat: New rules for heirs of deceased tenants in Maha

The Mumbai Building Repair and Redevelopment Board (MHADA) has announced a policy allowing close heirs of original tenants to gain conditional possession of flats, provided they submit a legal heirship certificate within six months.

 

This decision was made by  Sanjeev Jaiswal, Vice President and CEO of MHADA, during a recent meeting at the organization’s headquarters in Mumbai,  following a computerized lottery for flats in old cess buildings conducted on December 28, 2023.

 

The new policy was announced on January 10, 2025.

 

The decision aims to address delays in flat distribution caused by the death of original tenants. Many eligible tenants listed in the master list had died before receiving their allotment letters, creating complications for their heirs. The new policy allows these heirs—such as children, spouses, or parents—to move into the flats while they obtain necessary legal documentation.

 

Details: Under the new policy, heirs can occupy the flats after securing a "No Objection Certificate" (NOC) from other relatives. Until they present the heirship certificate, which takes six to nine months to obtain, the flats cannot be sold or transferred. This measure is intended to expedite the process for beneficiaries and ensure a smoother transition for families affected by the loss of a tenant.

 

Here’s what the announcement means in simple terms:

 

Conditional Possession: If a tenant has died, their family members (like children or a spouse) can now get the keys to the flat, but there are some rules. They have to prove they are the rightful heirs.

 

Heirship Certificate: To prove this, they need to get a document called a "heirship certificate." This can take time—usually around six to nine months.

 

No Objection Certificate: Before moving in, the family members need to get permission from any other close relatives who might also have a claim to the flat. This is called a "No Objection Certificate" or NOC.

 

Restrictions: While they can move in, they can't sell or give away the flat until they have the heirship certificate. They also need to sign a document promising to follow the rules.

 

On December 28, 2023, the MHADA board conducted a computerized lottery for 265 eligible tenants/residents from old cess buildings listed in the master list to allocate tenements. However, after allotment letters were issued for flat possession, it was observed that many original tenants/residents had passed away. In such cases, where the original tenant/resident is survived by multiple heirs such as spouses or children or parents, obtaining a legal heirship certificate from a competent court takes around six to nine months, causing delays in the distribution of flats.

 

Jaiswal, during the special meeting held to address this issue, specified that the beneficiary heirs must submit a legal heirship certificate from a competent court within six months from the date of issuance of the possession receipt. He also mandated obtaining an indemnity bond from the respective heirs/beneficiaries to ensure compliance.

 

Jaiswal directed the concerned officials that in cases where the close heirs of the original tenant/resident (such as sons, daughters, parents, or spouses) are eligible, they may be granted conditional possession of the flats after obtaining a "No Objection Certificate" (NOC) from other relatives. He also  clarified that until the legal heirship certificate is submitted, the flat cannot be sold, transferred, or claimed by any third party.