Explanation: How to register an apartment in Mumbai

Mumbai Apartment Registration Made Easier With Online Forms | Photo: Gopal MS, Mumbai

Knowing how to register an apartment in Mumbai is important for a person’s legal ownership of a property. When you buy or receive a flat, its sale, transfer, gift or rental agreement must be registered with the government for the transaction to be considered valid and legal under the Registry Act 1908. State rules are framed by Maharashtra. Registration Rules, 1961.

What is the meaning of flat registration?

Legally, an apartment owner’s name is not changed or transferred until the sale or donation transaction is registered with the government. Any unrecorded transaction has no legal validity or value in court.

view of apartment buildings in Mumbai, on the side of a road
Registering your apartment is important for it to be considered valid | Photo: Nicolas Vigier, Flickr, CC0 1.0 Universal (CC0 1.0)
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What transactions of an apartment should be registered?

Any transaction of sale, transfer, rental or donation of an apartment between family members must be registered with the civil sub-registry office to be considered valid and legal. The registration process must be undertaken even if there is no enumeration exchanged when transferring the apartment.

When should you register your apartment?

“The apartment must be registered within four months of the signing of the agreement or deed. If the deed of sale is not registered within four months, it can be registered from the 5th to the 8th month by paying a penalty ranging from 100 to 400% of the registration fees,” says lawyer Vinod Sampath, president of the cooperative society. Association of inhabitants and users. An apartment is charged 1% of the property value as a registration fee, up to Rs 30,000 only. Delays beyond eight months must be subject to a request for tolerance or late admission and could result in higher fines.

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Where can you get the apartment registration form?

The Application for Registration form is available online to download, complete and drop off at the office of the Deputy Registrar. The form can be filled online with basic details like cadastre no. (CS n°) of the building, year of construction of the building, floor on which the apartment is located, if the building has an elevator, etc. Based on the information provided, the website software calculates stamp duty and generates information of other payments to be made for registration. Stamp duty can also be done directly online which is the government receipt accounting system of the Ministry of Finance, Government of Maharashtra after obtaining the e-challan.

For those who do not have the net-banking facility, payments can also be made through approved banks, the list of which is available online in the “available banks” section.

What are the different fees for registering an apartment?

In addition to the registration fees, which amount to 1% of the value of the apartment, the buyer of the apartment must pay stamp duty collected at the rate of 5% of the market value as as mentioned in the loan statement, with provisions for concessions available for apartments to be gifted or transferred within family members. A document processing fee of Rs 20 per page of the sales contract is also charged.

Who calculates my stamp duty? Where do I pay stamp duty?

In the ‘online services’ section at www.igrmaharashtra.gov.in, there is provision for electronic registration only for apartments in new buildings and for registration of leave and license agreements. The website automatically calculates the electronic stamp duty to be paid and issues a challan after making the payment, according to lawyer Vinod Sampath.

Where should I go to register?

Beyond payments, the rest of the procedures must be done offline by visiting the office of the Deputy Registrar in your apartment jurisdiction. The sub-registry offices located for apartments in Mumbai are at Old Customs House in Fort, Adharsh Nagar in Worli, Bandra Kurla Complex Family Court, Lallubhai Park Road near Andheri Station (W) , in the MTNL buildings in Khar, Jogeshwari and Goregaon, Charkop, Borivli (east and west), the Exzim Link complex in Nahur and the new administration building in Chembur. The full list of Mumbai offices is available online under “organization” followed by the sub-section “offices”.

What documents do I need to present for apartment registration?

In addition to the registration form, you need the apartment’s original bill of sale, the company’s no-objection certificate and any government ID to verify name and address. exception of PAN card details for financial agreements. You must also have the stamp duty payment receipt to be considered for registration.

What if the building is new and there is no officially registered committee overseeing it?

In case a company is new and does not have a management committee, the promoter’s NOC should be submitted with the application form. However, this is not mandatory.

What happens next?

Once the payment has been made online, the applicant must go to the office of the Deputy Registrar, along with all their documents for verification and examination. Lawyer Sampath says that when the deed of sale is presented to the Deputy Registrar’s office, officials check the sale/transfer/lease/gift agreement and check whether the appropriate stamp duty has been paid. Since the department is now e-savvy, the original documents are sent back to buyers almost the same day. Efforts are being made to ensure that the entire apartment registration process is fully online. Once the document is approved, the Deputy Registrar’s office offers an appointment.

On the agreed day and time, the buyer and the seller of the apartment must be present in person, accompanied by two witnesses. All, including witnesses, must carry personal identification issued by a government authority. These witnesses would also be asked to sign registration documents, their fingerprints will be scanned for biometric verification and their photographs will be clicked for government documentation.

What are the basic precautions to keep in mind when checking in the apartment?

Lawyer Sampath says buyers always check the seller’s background, whether the apartment in question had previous bank loans and whether there are any ongoing disputes or ongoing dues with the building society. He suggests that the entire chain of documents be checked twice. He also recommends that the buyer check the carpet area and see if the seller has encroached on public areas of the building. “Talk to the company before making any type of payment,” he says.

A detailed FAQ resource is available at www.igrmahhelpline.gov.in in the Citizens Area section of the dashboard.

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