Section 25 in The Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981
25. Prohibition against transfer of tenement.
(1)No allottee shall, during the currency of the tenancy under Regulation 20, transfer any tenement allotted to him except with the previous permission in writing of the Board and also of the housing society or the company, if such a society or company has already been formed and registered.[It shall be open to the Board to refuse the permission or to grant the same subject to such conditions including a condition regarding the payment of a portion of the unearned increase in the value of the tenement not exceeding fifty per cent, of such increase as the Authority may, in its absolute discretion but subject to the other provisions of this Regulation, thinks fit.] [Inserted by G. N. of 27.11.1984.](2)[ The housing society or the company may give permission to transfer any tenement, if ,-(a)(i)a period of five years has elapsed from the date of allotment of tenement under Regulation 20 to the allottee;(ii)in the case of tenements falling in the housing schemes formulated for persons belonging to the Economically Weaker Section or the Low Income Group or the Middle Income Group, the transferee falls within any of the aforementioned groups;(iii)in the case of tenements falling in the housing schemes formulated for persons belonging to High Income Group, the transferee falls within the same income group;(b)the transferee has paid all the dues to the Board on behalf of the Authority.](3)If any allottee transfers any tenement in contravention of the provisions of clause (1) or clause (2) -(a)the Board may declare such transfer to be invalid and to be of no effect, and the transfer made in favour of the transferee shall stand cancelled;(b)the transferee shall deemed to be in unauthorised occupation of the tenement and may be evicted therefrom under Chapter IV of the Act :Provided that, no such declaration shall be made unless the transferee has been given an opportunity to submit his explanation in writing to the Board; and(c)the Authority shall refund the amount paid by the allottee without any interest after deducting an amount equal to rent for the period during which the tenement was occupied by the allottee.Explanation. - In this clause "rent" means "economic rent" as determined by the Board.
