Buying Procedures.
Before buying property, it is advisable to appoint
a solicitor to inspect the original title documents of the property
being purchased. If the title is not clear, the number of complications
arising in future may be numerous. For eg., no bank would provide a
loan against a property not having a clear title, it may be difficult
to transfer share certificate of the society in your name, selling of
property will not be simple, etc. The following is a check list of documents
that you should verify before buying a property
Documents
pertaining to Land
Documents pertaining
to Project/Building
Documents
pertaining to Premises
Documents
pertaining to Flats
Stamp
Duty and Registration
Documents
pertaining to Land.
- Conveyance Deed or Sale Deed - This is a deed document
by which the title of property is conveyed by the seller to the
purchaser. Conveyance is the act of transferring ownership of the
property from a seller to the buyer. This document will help you
ascertain whether the property which you are buying is on land belonging
to the society/ builder/development authority in which the property
is located.
- 7/12 Extract - This is a document issued by Tehsildar or
the concerned land authorities giving details such as the survey
numbers, area, date from which current owner is registered as owner.
- Index II - This is a document issued by the office of the
Sub-Registrar of Assurances. It mainly mentions the names of the
sellers & purchasers of a property for which the document is
registered.
- Search Report & Title Certificate - Title Certificate
is issued by an advocate after conducting a search on the title
of the property, which is intended to be purchased. The title certificate
would state if the property is unencumbered and has a clear marketable
title. This search report and title certificate can be obtained
from one's own advocate or if the search has already been conducted
by the current owner then one can have his/her advocate inspect
these reports to ascertain the title of the property. This search
on the title of the property is taken for a period of the last 30
years. It is mandatory for the developer to annex a copy of these
reports in the "Agreement for Sale" with the intended
purchaser of the flat. These documents would state whether the title
to the property is clear, marketable and free from encumbrance.
In other words, it would state whether or not there is any existing
mortgage, litigation, condition or claim, which is likely to affect
the title of the buyer adversely.
- Non Agriculture Permission - If the land under consideration
is agricultural and if one intends to develop the said land for
residential/commercial/industrial use, then such agricultural land
has to be converted to non-agricultural land and an Non Agriculture
Order has to be obtained from the Collector of the District where
the property is located. Along with this, one needs to take the
latest receipts evidencing the payment of Non Agriculture Tax. In
cases where the conversion from agricultural use to non-agriculture
use is not done within the stipulated period then, there should
be an order from the concerned authority extending the period.
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Documents
pertaining to Project/Building.
- Development Agreement - This is an agreement entered into
by the builder with the landowner. It contains details regarding
the terms and conditions on which the landowner has permitted development
of his property. This is where the landowner engages a third party
(i.e. the developer) to develop and build on their plot of land.
This agreement is generally accompanied by a Power of Attorney in
favour of the developer.
- Approved Building Plan - The building plan made by the
developer needs to be approved by the Municipal Corporation or the
concerned authority. The approved building plans need to be checked
necessarily.
- Commencement Certificate - This certificate is given by
the Municipal Corporation permitting the developer to begin construction.
This is done once the plans have been approved.
- Completion/Occupation Certificate - This Certificate is
given by the concerned authorities to the developer once the said
building is complete in all respects and fit for occupation.
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Documents
pertaining to Premises.
Under the Maharashtra Ownership Flats Act, 1963 a promoter
who intends to construct a building of flats has to enter into a written
Agreement for Sale with each of the persons who are to take or have
taken such flats. It is also provided that the agreement should contain
the particulars and also annex to such agreement the prescribed documents
or the copies thereof. In case of a building, which is yet to be constructed,
the agreement has to contain the particulars regarding the liability
of the promoter to construct it according to the plans and specifications
approved by the local authority.
The other particulars which the agreement should contain are possession
date, price to be paid by the purchaser and the intervals at which the
installments for the full payment are to be made specifying stage of
construction, the precise nature of the body to be constituted of the
persons who would take the flats, details regarding the common areas
and facilities specifying the percentage of undivided interest in the
common areas and facilities appertaining to the apartment agreed to
be sold, a statement of the use for which the apartment is intended.
The Act also specifies that copies of the title certificate issued (as
specified earlier in this manual) and a copy of the approved plans and
specification a list of fixtures and amenities including provisions
for lifts to be provided/provided for the flat to be sold should be
attached to the agreement.
A promoter, while he is in possession, and where he collects from persons
who have taken over flats or are to take over flats, sums for payment
of out goings even thereafter, has to pay all out goings until he transfers
the property. The out goings would include ground rent, municipal and
other local taxes, taxes on income, water charges, electricity charges,
revenue assessment and interest on any mortgage or other encumbrances,
if any.
One should also ensure that the area of the apartment has been mentioned
in the agreement. It is also mandatory for the developer/promoter to
convey the land in favour of the society/association of flat owners/condominium/company
within a period of 4 months of completion of the project. In the sale
agreement there should be a declaration/representation by the promoter/seller
that he has not encumbered the property in any manner whatsoever and
entered into any other agreement to sell/lease/license with any other
party. It needs to be specified whether the property is vacant or in
possession of any other party other than the seller.
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Documents
pertaining to Flats.
- For premises being purchased in a registered co-operative society
- When one sets out to purchase a flat in a registered co-operative
society the documents that need to be checked initially are –
- The share certificate issued by that society in favour of
the owner. This would ensure that the owner is recognized by
the society.
- Previous chain of original conveyance/sale deeds. If the deed
has been lodged for registration, then one should ask for the
certified true copies of such conveyance, sale deeds, etc along
with the original receipt of the Sub-Registrar where the document
has been lodged for registration. c. Original stamped receipts
for payments made to the previous sellers.
- For premises being purchased in society which has not been
registered - In this case the following documents would be required
to be checked –
- Previous chain of agreements with past owners in original with
original receipt of registration(if any)/original letter of allotment
issued to the first owner by the development authority. In case
the latest agreement is pending registration the original receipt
issued by the sub-registrar acknowledging the pending registration
needs to be taken along with a certified true copy of that agreement.
- Original stamped receipts of payments issued to the previous
and present owners by the builder/development authority/society.
- Transfer permission from the respective authority i.e.
development authority/society. Copy of approved plan & occupation
certificate issued by competent authority (like the Municipal
Corporation)
Stamp Duty
and Registration.
Payments of Stamp duty followed by the registration
of the agreement are two important acts when one enters into an agreement
with a developer/seller. Both, the developer/seller and the purchaser
need to be present at the Sub-Registrars office for registering the
agreement.
- Stamp Duty - Stamp duty is a State subject and hence would
vary from state to state. The stamp duty in many states is paid
as per the True market value as assessed by the Stamp Office. When
an agreement is to be stamped, it needs to be unsigned and undated
and after the Stamp Office affixes stamps on the agreement, one
may execute the agreement. The Stamp Duty payable in various states
could be ascertained from the Stamp Duty Calculator provided.
- Registration of an Agreement - The agreement should be
registered with the Sub-Registrar of assurances under the provisions
of the Indian Registration Act. Stamp duty should be paid prior
to the Registration.
Selling Procedures.
When one sets out to sell a flat in a registered co-operative
society the documents that may be required to be provided for the perusal
by the purchaser would be as follows -
- A Copy of the share certificate issued by that society in favour
of the seller.
- Previous chain of original conveyance/sale deeds. If the deed
has been lodged for registration, then one should provide a copy
of such conveyance, sale deeds, etc. along with a photocopy of
the receipt of the Sub-Registrar where the document has been lodged
for registration.
- Copies of stamped receipts for payments made to the previous
sellers.
The intending purchaser could ask the seller to apply
to the society to issue a no objection certificate indicating that the
society has no objection to transfer the share certificate in favour
of the intended purchaser and admitting the purchaser as a membership
of that society. The certificate should also mention that the seller
has no default/outstanding payments to be made to the society as of
date. Set of society transfer forms, etc. for transfer of ownership
needs to be duly filled and signed by the seller and purchaser and should
be submitted to the concerned Society.
If the flat is a resale, where Society has not been registered, originally
allotted by development authority, In the above mentioned cases the
copies of the following documents may be made available to the purchaser
for perusal.
If the flat is a resale or the Society has not been registered or the
flat is originally allotted by development authority, copies of the
following documents may be made available to the purchaser for perusal
-
- Previous chain of agreements with past owners in original
with original receipt of registration (if any)/original letter
of allotment issued to the first owner by the development authority.
In case the latest agreement is pending registration, the original
receipt issued by the sub-registrar acknowledging the pending
registration needs to be shown along with a certified true copy
of that agreement.
- Original stamped receipts of payments issued to the previous
and present seller by the builder/development authority/society.
- Transfer permission from the respective authority i.e. development
authority/society.
- Copy of approved plan & occupation certificate issued by
competent authority (like the Municipal Corporation)
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What is Stamp Duty?
It is tax, similar to sales tax and income tax collected
by the Government, and must be paid in full and on time. If there is
delay in payment, it attracts penalty. A stamp duty paid instrument/
document is considered a proper and legal instrument/ document and such
gets evidentiary value and is admitted as evidence in courts. Instruments
/documents not properly stamped are not admitted as evidence by the
court.
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Stamp Duty Faqs
What is stamp duty? Why should
stamp duty be paid?
It is tax, similar to sales tax and income tax collected by the Government,
and must be paid in full and on time. If there is delay in payment,
it attracts penalty. A stamp duty paid instrument/ document is considered
a proper and legal instrument/ document and such gets evidentiary value
and is admitted as evidence in courts. Instruments /documents not properly
stamped are not admitted as evidence by the court.
What is the penalty for delayed
payment?
If stamp duty is not paid on time, it attracts penalty at the rate of
2 % per month on the deficit amount of the stamp duty. However maximum
penalty can be only 200% of the deficit amount of the stamp duty. (This
amendment has come into force from 01-05-2001) Documents lodged with
the sub-registrar/superintendent of stamps prior to any amnesty scheme
will attract a lump sum penalty of Rs.250 or Rs.300 only, as the case
maybe.
When is the stamp duty payable?
It is payable before execution of the document or on the day of execution
of document or on the next working day of executing such a document.
Execution of the document means putting signature on the instrument
by the person’s party to the document.
Who is liable to pay?
In the absence of any agreement to the contrary, the purchaser/transferee
has to pay stamp duty or in case of exchange of properties, both parties
have to bear stamp duty equally.
Is stamp duty payable on all
instruments/ documents relating to the transfer of immovable property?
Except transfer by will (or by original nomination in a cooperative
housing society) all transfer instruments/documents including agreements
to sell, conveyance deed, gift deed, mortgage deed, exchange deed, deed
of partition, power of attorneys, leave and license agreement, agreement
of tenancy and lease deeds have to be properly stamped before registration.
It is clarified that a when a nominee transfers the flat subsequently
in the name of the legal heirs, that transfer instrument is to be stamped
as per the market value. If you have purchased a flat in a co-operative
housing society on or after 10-12-1985 you have to pay the stamp duty
on market value as per the Ready Reckoner. A flat purchased through
an agreement for sale on or before 9-12-1985 required stamp paper of
Rs.5 only. However a flat purchased on or before 9-12-1985 will require
stamp duty on market value at the time of conveyance of the property
in favour of the society. The concept of payment of stamp duty on market
value was introduced from 04-07-1980 will be charged on agreement value
only.
What is the relevance of the
dates 10-12-1985 and 04-07-1980?
For any flat purchased in a co operative housing society on or after
10-12-1985, it is required to pay stamp duty on market value at the
time of signing the agreement itself. However, prior to 10-12-1985,
such transactions of agreement for sale required a stamp paper of Rs.5
only at the time of signing the agreement. However stamp duty on market
value will have to paid on all such transactions at the time of conveyance
of the property in favour of the society.
From 04-07—1980 onwards, if the property is not covered under the Co-operative
Society Act, you are required to pay stamp duty on market value. This
payment is required at the time of execution of the document. However,
prior to 04-07-1980 there was no market value concept hence agreement
value was accepted for stamp duty payment.
In whose name should the stamp
paper be purchased?
From 01/05/1994 stamp paper are to be purchased in the name of one of
the parties to the instrument/ document. If the stamp paper is not in
the name of the parties and if it is used for preparing the agreement,
it will be as if no stamp paper was used. However it will not make the
agreement invalid and can be enforced in law if proper stamp duty is
paid subsequently.
Prior to 01/05/1995 stamp paper could be purchased in any name and was
valid for any period of time. However from 01/05/1994 stamp paper is
valid for a period of six months from the date of purchase and after
that it is treated as ordinary paper as if it has no stamp.
In whose name should the Banker’s
pay order be issued?
It should be issued in favour of “Superintendent of Stamps, Mumbai”
Is stamp duty payable on the
instrument or on the transaction?
It is payable on instruments and not on transactions. Stamp duty should
be charged on the basis of the contents of the instrument only. If any
information essential for working out stamp duty is missing in the instrument,
valuation officer can call for it. Information such as the area of the
flat, number of the floors and year of construction must be mentioned
in the agreement for quicker response.
What are the instruments on which
it is to be paid?
Instruments include every document by which any right or liability is
or purports to be created, transferred, limited, extended, extinguished
or recorded but does not include a bill of exchange, cheque, promissory
note, bill of lading, letter of credit, policy of insurance, transfer
of shares, debentures proxy and receipt (which is charged under India
Stamp Act).
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Authorised Vendors.
| SR.NO |
NAME OF THE AUTHORISED VENDOR WITH LOCATION PHONE, FAX, TELEX |
| 1 |
The Bank of Rajasthan Limited
Vishal Apartment Shopping Centre, Andheri Kurla Road, Andheri
(East), Mumbai-400069. i Phone-26836617, 26899152 Fax- 26832872
|
| 2 |
The Bank Of Rajasthan Limited
B-6, Ground Floor, Loc Milan Chandivli, ~* Andheri (East), Mumbai-400073
-r Phone - 26409205-6409 |
| 3 |
The Bank Of Rajasthan Limited
148, Kotmahal Society, Garodia Nagar, Ghatkopa^East), Mumbai-400077
Phone-5106664-5130166 |
| 4 |
The Bank Of Rajasthan Limited
Raghuvanshi Mills Compund, 11/12 Senapati Bapat Marg, Lower Parel
(West), Mumbai-400013 Phone- 24924864 - 24924885 Fax- " |
| 5 |
The Bank Of Rajasthan Limited
Golden Corner, Pali Road, 29Ih Road Crossing, Bandra (West), Mumbai-400050
Phone- 26409205 / 26402343 Fax- |
| 6 |
The Bank Of Rajasthan Limited
Jeevan Jyoti Building, 18/20, Kawasji Patel Street, Fort, Mumbai-400001.
Phone-22841784,22870307, 22873472 « Fax-22873471 |
| 7 |
The Bank Of Rajasthan Limited
195, Kalbadevi Road, Is1 floor, Mumbai-400002 Phone- 22018953
- 22054383 - 22050417 |
| 8 |
The Bank Of Rajasthan Limited
Twin Towers, Plot No. 8, Opp.Lokhandwala Complex, Versova, Andheri
(West), Mumbai-400058. Phone- 26362696-26352568 |
| 9 |
BOI Shareholding Limited
Stock Exchange, Rotunda Building, Versova, Andheri (West), Mumbai-400053.
Phone-22723989 - 22723626 - 22723252 |
| 10 |
The Cosmos Co-Op Bank Ltd. Pune. Vile Parle Branch,
Saraswati Niwas. Plot No. 45, TPS-1, C.T.S.No. 807A,Hanuman Road,
Vile Parle (East), Mumbai-400057 Phone-26191096-26152389-26128460
|
| 11 |
I.D.B.I Bank Ltd. Mumbai.
Central Processing Unit, Central Road, Elemacch Building, Plot
No. 82/83, Road No. 7, Street No. 15, M.I.D.C. Andheri (E), MumbaU
400093. Phone-28368218 |
| 12 |
UNION BANK OF INDIA
Mumbai Samachar Marg Branch, Planning & Development Department,
66/80, Mumbai Samachar Marg, Fort, Mumbai- 4000023. Phone-22674938-22672131
|
| 13 |
CITIZENCREDIT CO-OP BANK LTD.
Central Administrative Office. Helena, 57, Mt. Carmel Road, Bandra
(West), Mumbai- 400050 Phone-26401126, 26442830,26442831 Fax-26430131
|
| 14 |
H.D.F.C Bank
Sandoz House, Worli Branch, Worli, Mumbai-400018. Phone-28561818
Fax-24972195 |
| 15 |
H.D.F.C Bank
Fort Branch, Maneckji Wadia Building, Nanik Motwane Road, Fort,
Mumbai-400023. Phone-28561818 Fax-22703392 |
| 16 |
H.D.F.C Bank
Legal Department, Kamala Mills Compound, Lower Parel, Mumbai-400013.
, Phone-28561818 Fax-24925121 |
| 17 |
H.D.F.C Bank
Andlieri Branch, A Wing, Tradestar Building, J.B.Nagar, Andheri
(East), Mumbai- 400050 Phone-28561818 Fax- |
| 18 |
I.C.I.CI. Bank Ltd.
30, Mumbai Samachar Marg, Fort, Mumbai-400001 Phone-26531414 Fax-26531122
|
| 19 |
I.C.I.CI Bank Ltd.
Krystal Building, Water Field Road, Bandra (West), Mumbai-400050.
Phone-26405412, |
| 20 |
MAHARASHTRA SMALL SCALE INDUSTRIES DEVELOPMENT
CORPORATION LIMITED.
KRUPANIDHI.9, WALCHAND HIRACHAND MARG, BALLARD ESTATE, MUMBAI
- 400001. Phone-22611121/22/23 Fax-22620623, 22612954, 22614514
|
| 21 |
INDIAN BANK
Plot No- 8, Branch, 8C/32,D.K. Sandhu Marg, Chembur, Mumbai-400071Phone-25280079
|
| 22 |
INDIAN BANK
11/12, Radha Krishna Niwas, N.C. Kelkar Road,Dadar (West), Mumbai-400028.Phone-24301951,24314679,
24301129,26533639 |
| 23 |
INDIAN BANK
482, GardernView, M.M.Chotani Road,Mahim, Mumbai-400016Phone-24440713.24455617,
24468283 |
| 24 |
INDIAN BANK
Mumbai Fort Branch, United India Building, Sir P.M.Road, Fort,
Mumbai- 400001.Phone-22664633/0769/2462, 22658976/8977 |
Top
Registration.
What is Registration?
Registration is the process of recording a copy of a document, transferring
the title in immovable property to the office of the Registrar.
Registration acts as proof that a transaction has taken place.
The registration of a document serves as a notice of the transaction,
to the persons affected by the transaction. Registration also serves
as an implied notice to any person subsequently acquiring interest in
the property, covered by the registered document.
When a document, which is compulsorily to be registered, is not registered,
it fails to confer any title given by the document.
The real purpose of registration is to ensure that every person dealing
with property for which compulsory registration is required, can confidently
rely on the statement contained in the register, as being a full and
complete account of all transactions by which the title may be affected.
A certificate of Registration is mere evidence that a document has been
registered. It is not proof that it has been executed.
When the execution of a document is directly in dispute between two
parties, the fact that the document is registered is not sufficient
to prove its genuineness. Registration does not automatically dispense
with the necessity of independent proof that the document was executed.
Registration is done after the parties execute the document. The agreement
should be registered with the Sub-Registrar of Assurance under the provisions
of the Indian Registration Act, 1908 within four months from the date
of execution of the document. However, if due to any unavoidable circumstances,
the document is not registered within the time limit, then the document
can be registered only on making an application to the Sub-Registrar
of Assurance within a further period not exceeding four months and on
payment of appropriate fine.
1. Is registration compulsory
for all types of transfer of immovable properties?
Ans. Except in case of transfer of shares of a co-operative
housing society and housing limited company where registration is optional,
virtually in all cases of transfer of immovable property like family
arrangement, agreement to sell, conveyance, gift deed, lease deed (above
one year), leave and license agreement, tenancy agreement, declaration
deed, power of attorney to sell for consideration etc. has to be registered
compulsorily under Indian Registration Act,1908 otherwise the proper
legal title will not pass on to the purchaser/transferee i.e. the title
will be defective if registration is not done.
2. In what languages should the
document be written so that it can be registered in Mumbai?
Ans. It should be normally be written is English, Hindi, Marathi and
Gujarati only.
3. After how long is the document given for registration
returned?
Ans. Documents lodged for registration prior to October 1, 1995 are
sent to Pune, after it is indexed, for microfilming and only then it
is returned to the party, which may take a few years. All the documents
lodged for registration on or from October 1, 1995 are returned to the
party within a few days of indexing the same because only the photocopy
is sent to Pune for microfilming. After February 1, 2002 when the registration
process was computerized, normally the documents have been returned
within half an hour.
4. Why does it take so long time
for documents to be returned in old cases?
Ans. The above mentioned procedure is one of the reasons but the major
reasons due to which the document remained pending at the office of
sub-registrar and not being indexed and not returned to the Owner are
as follows:-
- Stamp Duty was not paid according to the “Market Value”.
- Income Tax Clearance certificate U/s 230 was not attached where
required (See Note (i) below).
- N.O.C. of Appropriate Authority in Form 37-1 was not attached
where required. (See Note (ii) below).
- N.O.C. under Urban Land Ceiling Act was not attached where required.
- Certain parties to the Agreement had not admitted execution in
front of the Sub-Registrar
The above deficiencies were always pointed out at the
time of registration by way of remark (such as MV, 230A, 37-1, NOC,
ADM) on the registration receipt itself but due to ignorance, owners
have never cared to clear them and hence documents which do not have
deficiencies mentioned in the points mentioned above. However deficiency
relating to non-admission is tolerated and the document is accepted
and kept pending for admission only.
Note:
Income tax clearance certificate under Section 230A of Income Tax Act,
1961is now not required from 01-06-2001 even for documents accepted
for registration before 01-06-2001 as requirement for such certificate
was on the day of registration receipt itself but due to ignorance and
a document was considered to be registered on the day it is Indexed
and if it is not indexed uptil now no Income Tax Clearance certificate
is required even for old cases.
N.D.C. of Appropriate Authority in Form 37-1 is also not required from
01-07-2002. As above NOC is now obtainable this is applicable even for
old cases.
4. What are the paper requirements at the time of registration of documents?
Please give full details.
Ans. A document should be fully stamped as per the
Stamp Duty Ready Reckoner so as to confirm that proper stamp duty has
been paid. The Stamp Duty Ready Reckoner is a public document and is
available for inspection at a sub- registrar’s office.
For registering documents relating to property, one should go the respective
registration office along with the original document and one photocopy.
The document must be printed or typed on one side only and in black
colour. A photocopy should be taken on only one side of the paper and
the paper should be of 90 GSM thickness. There should be butter paper
between the two sheets of the photocopy.
Apart from a properly executed and fully stamped duty paid document
which is to be registered, the following documents are also required
before the registration procedure is started.
- No Objection Certificate under the Urban Land Ceiling Act if the
area of land transferred exceeds 500 sq. mts. in Mumbai City.
- If the land belongs to a government or semi- government body or
to a charitable trust the no objection certificate of such government
or semi- government body or to a charitable trust.
- Property Card of the land on which the property is being registered
is situated. This requirement is irrespective of whether land is
sold or the building is being sold or any other part of the building
is being sold and also irrespective of whether the seller of the
property is recorded as the owner on the property card or not. In
other words, even the flat owners are expected to produce this paper
at the time of registration.
If property sold/purchased is in the old building and
the benefit of depreciation is claimed on the market value, then any
one of the following documents is to be produced as a proof of old construction:
o Municipal assessment bill of the building OR
o Building Completion Certificate OR
o Original registered agreement between the builder and original purchaser
of that flat or of any other flat in that building
o Original registered agreement between the builder and original purchaser
of that flat or of any flat in that building.
It is better to get the document adjudicated in case the building
is very old and proper depreciation is not given by the sub-registrar.
o Original Stamp Duty payment receipt
o One should go along with along with two witnesses
o Registration fees and computer service charges is to be paid in
cash to sub-registrar at the time of registration
5. How does one get the document
registered at the sub-registrar’s office?
Ans.
- Bring the complete document along with other documents above.
- Submit the document along with input form at the token window
and get the token number.
- Wait till the token number is announced.
- On token number being announced, all parties to the document must
present themselves before the sub-registrar to admit execution of
the document, photographed, thumb impression and signature taken
on additional sheet of paper in presence of sub-registrar.
- Pay the required registration fees and computer service charges
in cash as per the receipt (Computer service charges are @ Rs.20
per page)
- The document will be returned within 30 minutes of getting the
receipt
- Please deal only with Officers and staff of the Registration Department
who always display government identity card with Government Seal.
6. If any person who has executed
the document is unable to come to sub- registrar’s office on medical
grounds, then what should he do?
Ans. In case a person is unable to attend the office
of the sub-registrar on medical grounds, then he should apply to the
sub-registrar through a duly authorized representative stating the fact.
The sub-registrar is bound to visit such person after office hours i.e.
morning 9.00 a.m. to 10.00 a.m. and in the evening 5.00pm to 6.00 pm.
That person shall admit in execution in presence of that sub- registrar,
affix his photograph and sign and put his thumb impression on the document.
The sub-registrar will take the document with him and complete all the
formalities and process of registration.
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The Offices
of Sub-Registrar.
A. Sub-Registrar of Assurances,
Old Customs House,
Ground Floor,
Shahid Bhagat Singh Marg,
Ph: 266 2853 Timings: 10 : 00 a.m. to 4 :30 p.m.
Lunch: 1 : 00 to 1 : 30 p.m.
2nd and 4th Saturdays and Sundays closed.
B. Sub-Registrar of Assurances,
Griha Nirman Bhavan,
Ground Floor,
Bandra (E),
Mumbai 400 051. Ph:642 2161
Timings: 10 : 00 a.m. to 4 : 30 p.m.
Lunch: 1 : 00 a.m. to 1 : 30 p.m.
2nd and 4th Saturdays and Sundays closed.
C. Sub-Registrar of Assurance,
Town Hall,
Collector's Office Compound,
Thane (West).
D. Sub-Registrar of Assurances,
Vasai (West).
Sub-Registrar of Assurances,
Opp. Station, Kalyan (West).
(2nd and 4th Saturdays and Sundays closed..)
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Legal Documents.
Specimen Forms - Transfer of shares/flat/office in
a Co-op Society
Specimen Legal Forms - General
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| Maharashtra
Rent Act. |
The Maharashtra Rent Control Bill, 1999 (L.C.Bill
No.VI of 1993) passed with amendments by both the Legislative
Council and the Legislative Assembly aims to unify the three different
Rent Control Laws, in operation in the State of Maharashtra. The
Bill has brought about several changes in the existing Bombay
Rent Control Act which expires on 31-3-2000.
The new Act called the Maharashtra Rent Control Act, 1999 extends
to the whole of the State of Maharashtra and shall come into force
on the date notified by the State Government in the Official Gazette.
Exemptions (Sec.3):
The Act shall not apply to :
- any premises belonging to the Government or a local authority
or against the Government … but shall apply in respect of premises
let out to the Government or a local authority; - any premises
let or sub-let to banks, Public Sector, Undertakings (PSU), foreign
missions, international agencies, multinational companies, private
and public limited companies having paid-up share capital of Rs.
1 crore or more.
- Any premises let or sub-let to banks, Public Sector Undertakings
(PSU), foreign missions, international agencies, multinational
companies, private and public limited companies having paid-up
share capital of Rs. 1 crore or more.
- The State Government may direct that all or any of the provisions
of the Act shall, subject to such conditions and terms as it may
specify, not apply to premises held by religious or charitable
institutions administered by a local authority and to premises
held by an university…provided the tenancy rights of the existing
tenants in such premises are not adversely affected.
Act does not apply to the premises, which are let or given on
license for less than 12 months.
Definations (Sec.7):
Standard Rent means standard rent fixed by the Court plus an increase
of 5%; or the rent at which the premises were first let on or
after 1-10-1987.
Tenant includes deemed tenant, sub-tenant, heir, legal representative,
assignee. Transmission of tenancy shall not be restricted to the
death of the original tenant, but shall apply even on the death
of any subsequent tenant …
Rent in excess of Standard Rent illegal; any contravention punishable
with imprisonment upto 3 months or fine upto Rs. 5000/- or with
both.
Increase in rent (Sec. 11) :
4% p.a. from the date of the commencement of the Act;
15% p.a. for improvements and alterations other than tenantable
repairs which the landlord is required to carry out, provided
70% pf the tenants consent in writing;
25% p.a. for special or structural repairs, exclusive of any repairs,
exclusive of any repairs carried out under the MHADA Act ;
Due to any increase in taxes; to the extent of increase.
Recovery of Possession :
No eviction suit can be filed on the ground of arrears until the
expiration of 90 days next after notice of demand served upon
the tenant.
No decree for evicton shall be passed in an eviction suit on the
ground of arrears, if the tenants pays upwithin 90 days from the
date of service of the summons of the suit the arrears of rent
with 15% interest and continues to pay the standard rent and permitted
increases till the suit is finally decided and also pays the costs
of the suit.
Landlord entitled to recover possession from licensee :
On expiry of license; in default can apply to the Competent Authority.
Such licensee liable to pay damages at double the rate of the
license fee – an arrangement of license in writing shall be consclusive
evidence of the fact stated therein.
Time Limit for disposal of suits/appeals :
For suits : 12 months from the date of service of summons
For appeals : 6 months
Pending Suits :
Pending suits and proceedings not to be affected by the new Act
and to be heard and disposed of as if the new Act had not been
passed.
Offences (Sec.53)
- Charging rent in excess – non cognizable – imprisonment 3 months
– fine 5000/- or both (Sec.10);
- Failure to commence the work of repairs after the tenant has
vacated by the date specified in the decree or fails to comply
with the Court’s Order of repossesion after repairs – cognizable
imprisonment 3 months – fine 1000/- or both (Sec.17);
- Failure to occupy the premises recovered on the ground of bonafide
requirement – cognizable – imprisonment 3 months – fine 5000/-
or both (Sec.18) :
- Failure to carry out any undertaking given to Court or failure
to comply with Court’s Order under a decree obtained on the ground
of bonafide requirement by the landlord for the demolishing the
premises for the immediate purpose of erecting new building –
cognizable – imprisonment 30 days – fine 5000/- or both (Sec.19);
- Failure to intimate to tenant the date on which the erection
of the erection of the new building shall be completed – cognizable
– imprisonment 3 months / fine 5000/- or both (Sec. 21);
- To cut-off withhold essential supply or service – upto Rs. 100/-
for each day during which the default continues (Sec.29);
- Failure to restore any essential supply or service – imprisonment
3 months, fine 1000/- or both (Sec.29);
- Conversion of residential into commercial premises by landlord
- imprisonment 6 mts – fine 10000/- or both (Sec.30);
- Failure to issue the rent receipt – fine 100/- for each day
of default (Sec.31);
- Failure to enter into a written agreement of tenancy or leave
& license or have the same registered – imprisonment 3 months
– fine 5000/- or both (Sec.55).
Tenancy agreement to be compulsorily registered (Sec.55) :
- agreement of tenancy or agreement of leave & license to
be in writing and shall be registered – responsibility of getting
such agreement registered shall be on the landlord and in the
absence of the written registered agreement, the contention of
the tenant about the terms and conditions on which the premises
were given shall prevail, unless proved otherwise.
Stamp duty on Tenancy Agreement (Art. 5 of Stamp Act)
- for non-residential premises = 1000/- per sq.metre;
- for residential premises = 100/- per sq.metre. (in Mumbai).
Right of Tenant & Landlord to received lawful charges (Sec.56)
(i.e.PUGDI) :
- It is lawful for the tenant to receive any pugdi as a condition
of relinquishment, transfer, assignment of his tenancy;
- It is lawful for the landlord to receive any pugdi for grant
or renewal of a tenancy or for giving his consent to transfer
the tenancy to any other person.
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