Maharashtra has barred sub-registrars from registering property documents when mandatory permissions and supporting papers are missing or when a flat’s area exceeds the measurement shown in the sanctioned building plan, placing new compliance requirements on property transactions across the state.
The instructions were issued through a Revenue Department circular on October 12, following a September 22 meeting chaired by Revenue Minister Chandrashekhar Bawankule. The government said the move is intended to curb irregularities involving buildings constructed without permission and flats sold with areas larger than those approved in building plans, practices that have caused financial losses to buyers.
The restrictions apply to agreements for first sales, sale deeds, deeds of apartments and transfer documents for units in construction projects. Sub-registrars will now be required to scrutinise documents before registration and refuse transactions that do not meet the specified requirements.
For projects that must be registered with the Maharashtra Real Estate Regulatory Authority under Section 3 of the Real Estate (Regulation and Development) Act, 2016, the documents must include the MahaRERA registration certificate or an occupancy certificate. They must also include the sanctioned building plan showing the area of the unit being transferred.
Separate requirements apply to projects exempt from MahaRERA registration. Their documents must include construction permission or a commencement certificate issued by the competent authority, a sanctioned building plan showing the unit’s area, a zone certificate and a measurement or survey plan.
The circular makes the area requirement mandatory even when other documents have been submitted. If the area mentioned in a property document is larger than the area shown in the sanctioned plan, the sub-registrar must refuse registration.
The registration department submitted recommendations for stricter scrutiny of property transactions after the Mundhwa land scam. Joint Inspector General of Registration Rajendra Muthe said the new circular incorporated those recommendations and changed the earlier position under which sub-registrars could not refuse to register a document. He said the checks were intended to prevent fraudulent practices.
The change gives the registration department a more active role in checking whether documents correspond with permissions issued by planning and building authorities. For buyers, the rules make sanctioned plans, commencement or occupancy documentation and project-registration records more important at the point of transaction. The circular does not replace the responsibilities of the competent authorities that issue construction permissions or approve building plans.
An activist, Joshi, said the checks were essential to prevent fraudulent registrations and called for transparency at registration offices. The circular also warns that departmental inquiries will be initiated against sub-registrars who knowingly register documents in violation of the instructions. The new requirements will apply to property registrations covered by the circular across Maharashtra.
