Legal Question in Real Estate Law in India

Mhada tenancy -2

In the year 1999, 4 years after my dad expired, we wanted to transfer the tenancy in our mothers name.

However the name on rent receipt as well as allotment letter carried a different name-probably of my grandfather-who had expired somewhere around 1956-57 after which only my dad was staying and maintaining the house.

Due to poor health my dad could not get the name changed and it remained so till his death in 1995.

When we applied for a tranfer of name to my mothes name, MHADA demanded an affidavit -saying there were no others in family to claim anything,

Due to poor guidance and the non co operative nature of our relatives who were not on talking terms with us, we had no choice but to submit affidavit saying my dad was the only child he had no brothers & sisters to lay any claim- which I agree was wrong on our part

If at all my uncle ,who now claims tenancy rights on the same house, bring up this issue in the court, what could be the consequences, since my mother who had signed the the above affidavit is old now.

Can we pay a fine and get out of this situation? or will there be other consequences. ? if there would be fine -how much ?


Asked on 6/19/07, 5:48 am

2 Answers from Attorneys
kavitha balakrishnan kpp associates

Re: Mhada tenancy -2

In this situation if your uncle goes to court your tenancy rights would be in question and most probably you may loose the tenancy right! and for the false affidavit - it is unlawful to have knowingly sworn a false affidavit .. and that too with ulterior motives which would amount to cheating and making false document ..if any criminal action is initiated then the person may be punished upto 2 yrs or fine- bailable offence - non compoundable offence.

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Answered on 6/20/07, 12:09 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Mhada tenancy -2

Getting MHADA tenancy transferred on the basis of false affidavit is a serious matter and likely to result in termination of tenancy as also prosecution.

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Answered on 6/20/07, 1:08 am


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