Bombay HC Rules No Sale Deed Needed To Prove Illegal Transfer Of SRA Tenement During Lock-In Period

Bombay High Court held that illegal transfer of a slum rehabilitation tenement can occur without a registered sale deed if possession is handed over during the five-year lock-in period.

Justice Amit Borkar interpreted Section 3E of the Maharashtra Slum Areas Act, 1971, to include indirect transfers via the words 'or otherwise'.

The court upheld eviction of Chhaya Shinde, finding that she had parted with possession through a power of attorney to Hiteshi Tank, who later had a tenant occupying the flat.

The court noted that allegations of fraud in obtaining allotment were outside the scope of these proceedings and could be examined separately.

The ruling clarifies that parting with possession alone can trigger the statutory bar under Section 3E, even without formal conveyance.