Dear Sir,,

1.If my brother in law files complaint against us then does MHADA have any authority to take action against our second alloted flat which is now not under MHADA since society got conveyed. 

Ans: Let him file complaint and MHADA has so many such pending complaints and due to lack of staff they cannot issue show cause notices to you unless pressure is brought on them. Secondly you can take so many defences at the time of giving reply.

2.Can we continue having possession of both the flats?

Ans: Now you can continue unless MHADA take action through court otherwise you can approach court if they try to forcibly take the possession.

3.What would be the consequences if MHADA knows about it. 

Ans: It is only a civil offence at the most you may asked to surrender the flat.

4.In worst case can we surrender the flat of our choice.

Ans:Yes.

1. even if building is conveyed to society, MHADA may still be holding interest in the land. The society would be the lessee of MHADA for the land and when it comes to building, it will be of ownership of society

2. yes, till the time no complaint is filed against you

3. your second flat can be taken back by MHADA since you already had a flat earlier allotted by MHADA

4. No

1) your second allotment can be cancelled 

2) you cannot continue to have possession of both flats as under terms of allotment there woukd be clause that applicant is entitled to have only one flat 

3) you can surrender one flat 

Dear Client,

After completion of 5 years of allotment , your mother can sell it. Ask her to execute GIFT deed in your favor to make you absolute owner or purchase from her.

Since allotment of 2 flats was illegal, possession can be taken back.

Possession should be continue until MHADA acts.

For false declaration that applicant or any of his close blood relations (parents, minor children) or spouse should not own any other property (residential plot, house) or rent from the MHADA or from any other registered cooperative society in their name, criminal complain can be filed.

More particular, second allotted flat will surrender but can try to make a choice.

But in no case, surrender to illegal demands of brother in law.

1. Typically MHADA till not interfere, IF one of the Flat is already conveyed via a Society.

2. There is no need to surrender the 2nd Flat and at some time latter it may be simply sold off or Gifted away to Son /Daughter.

Keep Smiling .... Hemant Agarwal

1. Your mother should transfer the second flat in yur favor. If it is stipulated that only one flat is allotted to one person by MHADA and your mother had sworn under affidavit or claimed that she does not any flat allotted to her, while applying for the second one, then the MHADA might decide to cancel/withdraw the said allotment as per law.

2. In reality, it is hardly found that such second flat illegally got allotted has been cancelled by the MHADA.

3. In case they do so, you can go to Court and drag the case to around 15 years and claim that the flat has been trabnsferred in your favour by your mother.  

1) If first flat is not appearing in the Mhada scheme as of now than you should not worry about it.

2) Either you can transfer one flat on your name and one on your mother's name.

If the condition of allotment Mhada flat is that that only one flat can be allotted to a family during those period when this allotment made.

He can make the complaint in this regard but it is not necessary that Mhada will take immediate action on this 

You need not to worry about and just get ready to contest in case there is any complaint.

1.  No doubt the authorities may initiate legal action for this if one complains about this with concrete evidence.

2.  You may hold the flats till the authorities take any action.

3.  They may initiate action through court for recovery of one flat that was allotted lately.

4. Yes, you can surrender one flat.

Yes mhada can take action but it rarely does. 

Don't get blackmailed even if you transfer already your mom done illegalities it can't be changed.