Maharashtra Stamp Act: Understanding Its Impact and Changes

At any point, if any movable or immovable resource/asset changes ownership, to get it stamped or legalized – a specific amount of tax has to be paid to the state government, which is known as stamp duty. The Maharashtra Stamp Act states such resources and assets on which the stamp obligation must be paid to the state government. The Act additionally specifies the measure of the amount that is to be paid to the state authorities.

The Bombay Stamp Act: A Cornerstone of Revenue Collection in Maharashtra

The Bombay Stamp Act, enacted in 1958, is a pivotal legal framework that governs the collection of stamp duties on document-based transactions within Maharashtra. Originally applied to the greater Bombay region, this act became an integral part of Maharashtra’s legislative environment following the state’s formation in 1960.

This Act mandates the payment of stamp duty, which is essentially a form of tax, on various documents including transfer deeds, agreements, certificates, bonds, and leases. The primary purpose of this duty is to confer legal authenticity to these documents while generating revenue for state administrative functions.

Over the years, the Bombay Stamp Act has been amended multiple times to respond to the dynamic economic conditions and real estate market of Maharashtra. These amendments ensure that the stamp duty rates are adjusted and practices streamlined to enhance compliance and minimise evasion.

The implementation of this Act is crucial for the state as it not only secures revenue but also supports the maintenance of a robust legal documentation system, which is fundamental to the functioning of both governmental and private sector transactions.

What is the Maharashtra Stamp Act?

The Bombay Stamp Act 1958 now known as the Maharashtra Stamp Act 1958, applies to every one of the agencies that are referenced in Maharashtra Stamp Act Schedule 1, on which the stamp duty is payable to the state. There was an amendment in the Maharashtra Stamp Act recently and the changes are inclusive to the modification of stamp duty on the agreement in Maharashtra on gift deeds, incorporation of electronic payment of stamp duty, an update on penalty clauses, and an increment on the amount of stamp duty under certain instruments provisions.

As of January 25, 2024, there are notable updates regarding the Maharashtra Stamp Act. Firstly, the 1% stamp duty concession for women purchasing residential property continues. This reduction applies to the standard rates, which vary between 2% to 5%, and the previous 15-year lock-in period for beneficiaries was abolished as of May 31, 2023.

Additionally, the Maharashtra government introduced the ‘Abhay Yojana’ amnesty scheme in December 2023. This scheme, in its second phase until March 31, 2024, allows the regularisation of inadequately stamped documents with reduced penalties. Benefits include a complete waiver of stamp duty and penalties for amounts under Rs. 1 lakh and a 50% waiver on stamp duty with full penalty exemption for amounts over Rs. 1 lakh.

Importantly, the stamp duty rates for the fiscal year 2023-24 remain unchanged from the previous year.

Latest Maharashtra Stamp Act

The Maharashtra Stamp Act latest involves several important changes and continuations of previous policies as of 2024:

1. Stamp Duty Concession for Women: Maharashtra continues to offer a 1% stamp duty concession for women purchasing residential property. This initiative aims to encourage property ownership among women. The earlier 15-year lock-in period that restricted the resale of these properties to men has been abolished as of May 31, 2023 (Housing).
2. Stamp Duty Rates: Standard stamp duty rates have been restored to 5% in Mumbai after a temporary reduction during the pandemic. These rates apply from April 2021 onwards, with specific concessions for certain types of properties and transactions.
3. Amnesty Scheme: The Maharashtra government has extended the Stamp Duty Amnesty Scheme until June 30, 2024. This scheme provides relief for properties that had incomplete or missing stamp duty payments dating back to 1980. The extension allows property owners to regularise documents with waived penalties under specified conditions.

Maharashtra Stamp Act 2015

On 24 April 2015, the original Maharashtra Stamp Act 1958 received the affirmation for it to be called the Maharashtra Stamp Act 2015. There were a few changes made to the Act – the stamp duty rate of certain instruments under Schedule 1 was increased. Therefore, the Maharashtra Stamp Amendment Act 2015 first came into order.

How is Stamp Duty Payable?

• Stamp Duty can be paid by:
• Using Stamp Paper
• Using Adhesive Stamps
• Online Challan
• EBSTR
• Franking

Stamp Duty Rates in Maharashtra

There are various factors that decide the stamp rate duty on property in the state of Maharashtra (or any state). Naming a few of these factors – the locality of the property – urban or rural, the total cost of the transaction, etc. The Maharashtra stamp duty Act 2020, reduced the stamp duty on properties for the next two years. This is only applicable in the areas falling under the Mumbai Metropolitan Region Development Authority (MMRDA) and municipal corporations of Pune, Pimpri-Chinchwad, and Nagpur. This means that stamp duty on properties in Mumbai, Pune, and Nagpur, was charged at 5% (4% stamp duty + 1% metro cess).

Stamp Duty on Hypothecation Agreement in Maharashtra

Stamp Duty on hypothecation agreements in Maharashtra on instruments, pledges and mortgages on home loans in the province of Maharashtra was capped. As per the latest Maharashtra stamp act, the stamp obligation on such instruments is currently covered at a greater stamp duty of Rs. 10,00,000). This revision has been presented with impact from 1 July 2014.

Stamp Duty Charges in Maharashtra on Conveyance Deed

According to the amendments made to the Maharashtra Stamp Act 2015, Article 34 states that 3% of the property’s value is the stamp duty on conveyance deeds (gift deeds). However, if a property – Residential or Agricultural, is gifted without the family having to pay any sum of money, then the stamp duty rate is Rs. 200 as per article 34 of the Maharashtra stamp act.

Stamp Duty on Indemnity Bond in Maharashtra

According to Article 35 of Schedule 1 of the Maharashtra Stamp Act 1958, and then the Maharashtra Stamp (Amendment) Act 2015 – the price of the stamp duty on indemnity bonds in Maharashtra is Rs 500.

Stamp Duty on Guarantee Agreement in Maharashtra

According to Article 5(h) (A)(iv), the stamp duty on bank guarantee agreements in Maharashtra is –

(i) If the loan amount is less than Rupees Ten Lakh – 0.1% of the amount stipulated in the contract, with a minimum of rupees 100.

(ii) If the amount exceeds Rupees Ten Lakh, the stamp duty on the personal guarantee in Maharashtra – 0.2% of the amount agreed in the contract.

Maharashtra Stamp Duty Impact on Property Registration

Property registrations saw a dip of 50% in the month of April as compared to that of the month of March after the Maharashtra government restored the stamp duty rate of 5% from 1 April 2021. According to the state government’s data, before the sanctions were to be lifted – in the month of March, Maharashtra (excluding) Mumbai saw a record-breaking spike of 2.13 lakh registrations. While only 90,500 registrations were made till 29 April. Maharashtra stamp duty had a huge impact on property registrations.

Official announcement of the cut of stamp duty on loan agreements in Maharashtra had seen a boost in property sales, especially in Mumbai (Bombay, as we know, is one of the most expensive cities in India). There were many Bollywood A-listers such as Hrithik Roshan and Jahnvi Kapoor who were seen buying properties. Between September 1 and October 17, 2020, luxurious properties were registered across 25 registration offices in Mumbai that were collectively worth 2200 crores.

Recent Judgements on Maharashtra Stamp Duty

The Bombay High Court in a recent judgement directed the Government of Maharashtra to reimburse excess stamp duty, within about a month from the date of the receipt of the application. If the authorities fail to do so, they are applicable to pay interest at the rate of 12% p.a. The above order was applicable even on the stamp duty on education loan in Maharashtra. 

In a landmark ruling, the High Court decided in favour of Macrotech Developers Ltd and Palava Dwellers regarding their land purchase under ‘Integrated Township Projects’ in Kalyan and Bhiwandi. These projects qualified for a 50% reduction in stamp duty. The state initially rejected the combining of this discount with another waiver on stamp duty for conveyance agreements, but the High Court ruled that both concessions are applicable concurrently. Consequently, the state was ordered to refund any excess stamp duty paid within a specified timeframe.

Maharashtra Stamp Duty Act has seen various amendments through time. Legal matters may seem hard to keep up with and a little hard to understand, but don’t let that stop you. We at NoBroker are here to help you. Click on the link below and we will assist you on legal matters. If you have any queries, leave them below and our experts will get back to you.

Frequently Asked Questions

Maharashtra Apartment Ownership Act 1970: Details and Application

The Maharashtra Apartment Ownership Act 1970 governs apartment ownership and management in Maharashtra, India. This legislation addressed the rising apartment living trend and provided a legal foundation for apartment complex administration. The statute requires the creation of a cooperative society or group of unit owners to maintain, repair, and manage common spaces and amenities in the complex. Residents feel more connected when common areas and facilities are managed collectively. 

The statute also governs unit ownership transfers and disputes between residents or the organisation and individual owners.  Also, the Maharashtra Apartment Ownership Act of 1970 regulates apartment complex connections and affairs, fostering orderly growth and peaceful living. Let’s learn more about this act and its benefits. 

Application of Maharashtra Apartment Ownership Act 1970

All Maharashtra apartment buildings and complexes are covered under the 1970 Maharashtra Apartment Ownership Act. It covers apartment ownership, management, and government in such complexes.

Some significant places where the Maharashtra apartment ownership rules applies:

1. Apartment Owners groups: The legislation governs the creation and operation of groups or societies of apartment owners within a complex. It describes how to form these organisations and their duties.
2. Ownership Rights and Responsibilities: The statute defines individual unit owners’ rights and responsibilities within a complex. It establishes the ownership structure, including common spaces, amenities, and unit borders.
3. Management and upkeep: The legislation governs common area and facility upkeep in residential complexes. It distributes maintenance costs and manages common facilities fairly.
4. Transfer and Inheritance of Ownership: The statute governs apartment ownership rights and property interest transfers. It covers inheritance and ownership succession.
5. Dispute Resolution: The statute addresses problems between apartment owners, the association, or the interpretation and implementation of the act.

The 1970 Maharashtra Apartment Ownership Act covers all areas of apartment ownership and administration in the state to promote orderly government and harmonious living in apartment complexes.

Removing Property From The Act’s Regulation

Removing a property from the Maharashtra Apartment Ownership Laws 1970 requires a legal procedure and compliance with the laws. A summary of possible methods:

1. Review the Act: Read the Maharashtra Apartment Ownership Act of 1970 to learn how to remove a property from its regulation. Check for relevant provisions.
2. Consult with property law specialists to discuss removing the property from the act’s regulation. They can explain the processes and verify legal compliance.
3. Get clearance from the association or management committee if the property is in an apartment complex administered by an association or society. This may include meetings and consensus or following the association’s bylaws.
4. Prepare legal papers to establish the property removal from the act’s regulation. As needed by the statute and apartment association rules in Mumbai, this may entail authoring resolutions, agreements, or governing document revisions.
5. Filing with Authorities: Submit needed paperwork to authorities as per legislation. Depending on the property and regulatory requirements, this may include filing with government authorities registering property or cooperative associations.
6. Compliance: Meet legal and procedural conditions for property removal from the act’s regulation. This may involve paying fees, meeting deadlines, and following government rules.
7. After completing the removal procedure, inform all impacted parties, such as association members, renters, and stakeholders, of the change in regulatory status.

To lawfully remove the property from the Maharashtra Apartment Ownership Act of 1970, complete the legal processes and get professional counsel.

Share of Property Owned By The Owner

According to the Maharashtra Apartment Ownership Act 1970, each owner’s share of property in an apartment complex is usually based on the size of their apartment unit compared to the total area of all units. This ownership share gives the owner rights and obligations in the complex’s organisation or society.

Here’s how owners’ property shares are usually determined:

1. Ownership share often depends on the size or area of the apartment unit held by the owner. Ownership shares are more outstanding for larger units and lower for smaller ones.
2. To determine ownership share, use a percentage of the total area of all units in the apartment complex. Owners generally have a 10% ownership share if their unit is 10% of the complex’s total space.
3. Ownership shares grant rights and duties within the apartment owners’ group or society. Examples include voting rights at association meetings, proportional representation in decision-making, and ownership-based maintenance contributions.
4. The ownership portion is established in title deeds and other legal documents linked with the property. These papers determine apartment complex rights, duties, and liabilities by owner proportion.

Owners must comprehend their ownership share and its consequences for governance, decision-making, and financial duties under the Maharashtra Apartment Ownership Act of 1970-governed apartment complex.

Maharashtra Apartment-Flat Ownership,1963 And Maharashtra Apartment Ownership Act, 1970: A Comparison 

 It is necessary to distinguish between the historical context, scope, provisions, and objectives of the Maharashtra Apartment Flat Ownership Act 1963, and the 1970 Act.

1. History

The 1963 Maharashtra Apartment-Flat Ownership Act

• The Maharashtra Apartment Flat Ownership Act of 1970 was an early Indian law governing apartment flat ownership and administration.

• The law was designed to address the rise of apartment living and provide a legal framework for flat ownership in multi-unit residential complexes.

The Maharashtra Ownership of Flats Act was adopted with the rise of apartment living, especially in metropolitan areas, highlighting the need for precise restrictions on individual flat owners’ rights and obligations.

The 1970 Maharashtra Apartment Ownership Act

• The Maharashtra Apartment Ownership Statute, 1970, updated and replaced the 1963 statute.

• The act updated and modernised apartment ownership and governance, addressing evolving needs and complexities. 

• The act introduced a more robust legal framework for apartment complex ownership, management, and administration, addressing various issues.

2. Extent and Conditions

The 1963 Maharashtra Apartment-Flat Ownership Act 

• primarily addressed individual flat ownership in multi-storeyed structures.

• The act established regulations for flat ownership, including property division, common areas, and facilities. 

• It also outlined the rights and responsibilities of flat owners and procedures for forming cooperative societies or associations to manage common areas and facilities.

The 1970 Maharashtra Apartment Ownership Act

• The 1970 statute broadened ownership and control of apartment complexes beyond individual flats.

• The act established and regulated apartment owners’ associations or societies to manage common areas, facilities, and services. 

• The act covered apartment ownership and management, including clear title, standard area maintenance, dispute resolution, and ownership rights transfer.

3. Goals and Plan

The 1963 Maharashtra Apartment-Flat Ownership Act

The primary goal of the 1963 act was to legalise and protect flat owners in multi-storeyed buildings. It also regulated the division and use of common areas and facilities to ensure equitable access and maintenance.

The Maharashtra Apartment Ownership Act, 1970 

aimed to modernise and strengthen the legal framework for apartment ownership and governance in Maharashtra. It addressed challenges such as collective decision-making, maintenance, and dispute resolution and promoted orderly development, efficient management, and harmonious living within apartment complexes.

4. Impact, evolution

The 1963 Maharashtra Apartment-Flat Ownership Act 

•The 1963 act was a crucial step towards recognising and regulating apartment ownership in Maharashtra, although its reach was restricted compared to subsequent laws.

The 1970 Maharashtra Apartment Ownership Act

• The 1970 legislation changed the legal framework for apartment ownership and management in Maharashtra, providing new laws to address the complexity of urban apartment complex administration. The statute set the standard for apartment complex construction and regulation in Maharashtra for decades.

In conclusion, the Maharashtra Apartment Flat Ownership Act 1970 regulated apartment ownership in Maharashtra, although they had different scopes, regulations, and goals. The 1963 statute addressed individual flat ownership in multi-story buildings, whereas the 1970 act covered apartment complex government and management. The 1970 statute was more comprehensive and updated, reflecting urban apartment living’s changing requirements and problems. These laws established the legal basis for apartment ownership and administration in Maharashtra, ensuring orderly growth and peaceful living in apartment complexes.

Learn More About Real Estate Laws With NoBroker 

It might be difficult to navigate India’s complicated real estate legal system, but with the correct assistance, it becomes easier. It’s important to emphasise the value of expert advice as we wrap up our examination of the most important real estate regulations, and NoBroker’s legal specialists excel in this regard. It’s a smart move to get in touch with NoBroker’s legal specialists for tailored guidance and support. NoBroker is a source of support for all real estate transactions, whether you’re buying, selling, or renting; it makes the process easier to grasp and available to everybody.

Frequently Asked Questions

Property Information Right Now With Bhu Naksha Maharashtra

A computerised mapping system, Bhu Naksha gives land maps and related details to property owners and purchasers. Bhu Naksha is an online resource in Maharashtra that provides land parcel maps with specific information, such as survey numbers, ownership information, and borders. 

The Maharashtra government started this program to enhance land management and reduce land conflicts’ likelihood. 

In this post, we will discuss Bhu Naksha Maharashtra, the advantages and characteristics of this effort, the land survey number data accessible in Maharashtra, how to verify land maps, and some commonly asked questions regarding Bhu Naksha Maharashtra.

What do You Mean by Bhu Naksha Maharashtra?

To offer correct information on the property and its ownership, the Maharashtra government created the land map portal known as Bhu Naksha. The portal is a web-based program that enables users to examine maps of their property and obtain facts such as the survey number, name of the owner, and other information. 

The NIC (National Informatics Center) and the Department of Revenue and Land Records of the Maharashtra Government launched Bhu Naksha Maharashtra.

Details of Maharashtra’s Land Survey Number

An individual identifying number given by the government to a particular parcel of land is a land survey number. Formal documents and business operations it is used to identify the land. 

The Department of Revenue and Land Records assigns land survey numbers in Maharashtra. These survey numbers are connected to the department’s land records, which list the owner of the land, its boundaries, and other information.

Use the Bhu Naksha site to get the survey number for a specific plot of land in Maharashtra. You may use the site to look for land records using various criteria, including district, taluka, village, and survey number. When you submit the necessary information, the portal will show the land map, its survey number and other facts.

How to use a Plot Number to Examine the Information on Bhu Naksha Maharashtra?

With a plot number, you may examine the information of Bhu Naksha Maharashtra by doing the following.

1. Visit the Bhu Naksha Maharashtra website.
2. Click the “See Map” link in the top navigation bar on the site.
3. Choose the district, taluka, and village whose land map you want to see.
4. Click “Submit” once you’ve chosen a location.
5. You can look for a plot by plot number on the map page. 
6. At the upper right corner of the page, select the “Plot Number” button.
7. Click the “Search” button after entering the plot number in the search box.
8. The plot location will be highlighted in yellow on the map when it zooms in. 
9. You may see the plot’s specifics, including the region, survey number, and other pertinent data.

Be aware that there are many ways to look for a plot, such as by survey number, khata number, or owner name. A user-friendly interface and the ability to search for land parcels using various criteria are provided by the Bhu Naksha Maharashtra tool, making it simpler for stakeholders to acquire accurate and pertinent land information.

Which districts are Included in the Bhu Naksha Online Application?

The Bhu Naksha Maharashtra online application covers the following districts.

• Mumbai Suburban 
• Sindhudurg
• Parbhani
• Raigad
• Thane 
• Gadchiroli
• Pune
• Nashik 
• Aurangabad
• Satara
• Latur
• Solapur
• Yavatmal
• Nanded
• Beed
• Dhule 
• Ahmednagar
• Nandurbar
• Wardha
• Osmanabad 
• Palghar
• Bhandara 
• Kolhapur 
• Buldhana 
• Washim
• Gondia

Bhu Naksha Maharashtra Uses

Multiple applications for the Bhu Naksha Maharashtra might be advantageous for different parties. Many of the main applications include the following.

1. Land management: By giving reliable data on land parcels, the Bhu Naksha Maharashtra may be utilised for land management. In addition, informed judgments on land usage may be made by landowners thanks to this.

2. Property transactions: The Bhu Naksha Maharashtra may be used for real estate deals, including land purchases and sales. Making educated judgments regarding real estate transactions may be aided by having precise information on the land piece’s location, borders, and size.

3. Legal conflicts: By giving correct information about the land parcel, the Bhu Naksha Maharashtra may be utilised to resolve legal disputes involving land. Doing so may help avoid disagreements and legal problems involving property dimensions and ownership.

4. Infrastructure development: By giving precise information on land parcels, the Bhu Naksha Maharashtra may be utilised for infrastructure development. This can support improved land management techniques and assist in locating suitable land for infrastructure development projects.

5. Research and Analysis: You can use the Bhu Naksha Maharashtra for research and analysis about land use and management. For example, research and analysis on land usage patterns, environmental effects, and other relevant concerns can give precise information about land parcels.

How to Examine the Maharashtra Land Map?

The Bhu Naksha webpage may be used to look up the land map of a certain location in Maharashtra. The actions to take are as follows.

1. Visit the Bhu Naksha Maharashtra website.
2. From the drop-down menu, pick the district in which the property is situated.
3. From the drop-down options, select the village and taluka.
4. Type in the landowner’s name or the survey number.
5. Choose the “Search” option.

The land map, the survey number, and other information will be shown on the screen.

Features of Maharashtra’s Bu Naksha

Bhu Naksha Maharashtra is a potent instrument that offers its customers a wide range of functions. Here are a few of this online platform’s standout attributes.

• A user-friendly interface: This makes it simple for users to access and use the site. Moreover, thanks to the interface’s thoughtful design, users can easily explore and find the necessary information.

• Easy Accessibility: Bhu Naksha Maharashtra’s accessibility to everyone with an internet connection is one of its key benefits. The platform is useful for users since it can be accessed anywhere.

• Information that is Correct and Up-to-Date: Bhu Naksha Maharashtra offers accurate and current information on land records in Maharashtra. This contains information about the ownership and usage of the land and other crucial facts.

• Multiple Language Support: The platform supports several languages, making it simpler for users who need to speak English to access and utilise it. A larger audience can use the platform thanks to this functionality.

• Options for Search and Filtering: Bhu Naksha Maharashtra has a search and filter function that enables users to look for specific land records based on various factors, including survey number, village, district, and more.

• Online Land Measurement Calculator: Bhu Naksha Maharashtra furthermore offers a land measuring calculator that users may use to determine the area of a certain land record by inputting the necessary information.

• The portal is connected: With other government platforms, including the Maharashtra Bhumi Abhilekh and the website for the Maharashtra Land Records. This connection allows users to access various land records and other relevant data.

• Digital land ownership certificates: Another service offered by the site, and they offer consumers a safe and practical means to access their land ownership data. These certifications are accessible at any time and from any location in digital form.

Benefits of Maharashtra’s Bhu Naksha System

Its numerous benefits make Bhu Naksha Maharashtra an indispensable tool for real estate investors, purchasers, and public servants. 

The following are a few advantages of Bhu Naksha Maharashtra.

Aids in the Verification of Properties

The fact that Bhu Naksha Maharashtra aids in property verification is one of its main benefits. The land map, as previously said, offers comprehensive information on the land, including its acreage, borders, and other crucial features. 

This data aids in confirming the ownership of the property and preventing any fraud-related activities in connection with real estate transactions.

Aids in the Evaluation of Properties

Bhu Naksha Maharashtra also aids in property assessment, which is another benefit. Buyers and sellers of real estate can use the land map to calculate the property’s true worth based on its location, size, and other factors. 

Making educated judgments about real estate transactions and negotiating the price of the property are both possible with the help of this knowledge.

Minimises Litigation

Bhu Naksha Maharashtra aids in lowering disputes involving land. In India, land disputes are frequent, and their resolution may be expensive and time-consuming. 

However, property owners may quickly acquire information about their land and settle disputes relating to property borders, ownership, and other relevant concerns, thanks to Bhu Naksha Maharashtra.

Time and Money Saved

Property owners and purchasers may save time and money by using Bhu Naksha Maharashtra. Property owners may get the information they require online, from the convenience of their homes or businesses, rather than travelling to government offices and spending time and money conducting manual searches for land-related information.

Encourages Openness

Bhu Naksha Maharashtra promotes transparency in real estate transactions. Anybody with an internet connection may access the land map, which gives precise information about the area. This minimises the possibility of corruption and fraudulent acts by ensuring that real estate transactions are carried out fairly and transparently.

Allows for Efficient Urban Planning

Urban planning is made possible by Bhu Naksha Maharashtra. The land map gives specific details on the land, such as its dimensions and geographical location. Government authorities can use this data to plan infrastructure construction, such as roads, bridges, and other public facilities.

Enhances the Management of Land Records

Bhu Naksha Maharashtra assists in enhancing the maintenance of land records. The land map is a reliable source of current information on the land that may be used to keep land records up to date. This aids in lowering the possibility of inaccuracies in land records, which can result in conflicts and legal action.

Advice for Using Bhu Naksha Maharashtra

The following advice will help you get the most out of Bhu Naksha Maharashtra.

• Use accurate information. Supply accurate information while looking for a property piece. This will ensure that you get precise information on the land lot.

• Whether you are a landowner, a buyer of real estate, or an agency, choose the print option to get a real copy of the digital map. This can serve as a useful reference.

• When purchasing a piece of real estate, look into the specifics of the property lot, such as the ownership details and location. Future disputes and legal issues could be avoided by doing this.

• Speak with a professional, such as a real estate agent or a lawyer, if you are involved in a land dispute or need aid with a property transaction. They can aid in solving the issue by providing knowledgeable advice.

How is Bhu Naksha Maharashtra available for download?

Bhu Naksha Maharashtra may be downloaded easily. To get the tool, adhere to the following steps.

1. Visit the Bhu Naksha Maharashtra website.
2. You can choose the district, taluka, and village for which you want to examine the land map by making your selections on the site.
3. Click “Submit” once you’ve chosen a location.
4. A new page will open in which you may examine the land map for the chosen place.
5. There is a download link for the land map on this page.
6. To download the map, click the “Download” button.

Please be aware that your device must install a PDF reader to see the downloaded map. For later use, the downloaded map can also be printed.

It is important to note that the Bhu Naksha Maharashtra website is often updated, and new functions and features are occasionally introduced. 

As a result, the tool may be improved by users, who can also offer criticism and ideas, making it more efficient and user-friendly.

Bhu Naksha Maharashtra is a potent instrument that offers thorough information regarding land in Maharashtra, to sum up. It facilitates property appraisal and verification and lowers land-related litigation. 

Property owners and purchasers may save time and money and conduct real estate transactions transparently and equitably using Bhu Naksha Maharashtra. It also facilitates efficient urban planning and enhances the maintenance of land records. 
With its benefits, Bhu Naksha Maharashtra is a must for everyone involved in real estate transactions, including property owners, purchasers, and government authorities. To know more, visit the NoBroker website.

FAQ’s

Maharashtra Ready Reckoner Rate 2024

We all must have noticed that markets follow a simple rule – each product offered to the customer comes with a fixed minimum price that the buyer will have to pay under any circumstances. Sure, the cost of the product can go up depending on the external conditions, but it cannot go down than the set limit in any case. The real estate market follows the same principle, and that’s where the ready reckoner rate comes into the picture. It directly affects the whole concept of stamp duty and registration charges collected by the government. Ready reckoner rate in Maharashtra also follows the same conditions. With the change in geographical region and the intent of the project, ready reckoner rates keep changing. To know more about Maharashtra’s ready reckoner rate, continue reading further. Each year an ASR (Annual Statement Rate or Ready Reckoner Rate) is set, and it is made applicable for the period of 1st April to 30th March – fiscal year.

What is a Ready Reckoner Rate?

Also commonly termed as circle rate, the ready reckoner rate is a fixed minimum amount set by the state governments for a commercial, residential, or plotting property. The state government notifies this value to the city’s respective registrar or sub-registrar office to register the property transactions accordingly. Once the ready reckoner rate is decided, the person looking to purchase property must pay this decided the amount, there is no way to make a lower payment than this. 

Why is the Ready Reckoner Rate an Important Concept?

Apart from the location influence, production details, and property classification into commercial, residential, or plotting categories, the ready reckoner rate is an essential aspect in determining the final cost of any construction project. For every transaction between the homebuyer and the developer in the real estate market, the state government earns money by imposing particular stamp duty and registration charges. An increase in the ready reckoner rate means that the stamp duty and construction charges ramp up as well. In a way, the ready reckoner rate is needed to maintain a financial balance in the real estate market and give prospective homebuyers an idea about the money required to buy property in a specific location.

Maharashtra Ready Reckoner Rate

Maharashtra’s real estate industry is known for its ever-increasing demand and exorbitant prices through the years. As India’s financial capital is Mumbai, Maharashtra enjoys the status of having some of the costliest properties in the country. With the increasing number of people migrating to Mumbai, Pune, and nearby areas, the demand for real estate has skyrocketed in the state, thus allowing developers to work on multiple new projects that are sure to be profitable. 

COVID-19 resulted in the halt of various construction projects and led to an increase in unsold inventory. To support the realty sector during this downflow, the Maharashtra state government decided to waive stamp duty on the ready reckoner rate by 3% in August 2020 from September to December and 2% from January to March 2021. This led to an increase in property registrations, and developers were hopeful that IGR Maharashtra’s ready reckoner rates could fall. However, on September 12, 2020, the state government announced a 1.74% increase in the ready reckoner rate. The Mumbai ready reckoner rate, the cut was 0.6%. 

Pune Ready Reckoner Rate 2022-2023

One of the most important cities of Maharashtra, Pune, along with its suburbs, is divided into 19 zones. These zones are further divided into 221 sub-zones – the ready reckoner rate in Pune changes with the location of the property and the availability of basic amenities. Generally, Maharashtra’s ready reckoner rate for residential properties is lower than that for commercial properties. It is also dependent on the type of property like flats/apartments, independent houses, or a plot. 

Keeping in mind the popularity of high-rise apartment floors, the government of Maharashtra and the Pune registrar office imposes a premium on the ready reckoner rate.

The state government announced that Pune would not be allowed to extend the 2% stamp duty waiver from April onwards. However, a 1% stamp duty waiver was introduced on March 8, 2021, for women-women transactions on residential properties. It is not applicable in the case of plots and male co-owners. Women buyers are also not allowed to resell the property to any male buyer within the next 15 years. They would be responsible for paying 1% stamp duty, interest on it, and a penalty. There are no changes in ready reckoner rates for the financial year 2022-23.

Stamp duty in Pune is based on a certain percentage of the higher declared agreement value and assessed value mentioned in the ready reckoner rate chart. Registration charges are additionally levied over the stamp duty to balance the cost incurred by running registration offices. 

Category

Stamp Duty Rate

Male

6%

Female

5%

Male and Female co-owners

6%

While calculating the stamp duty, stilt and open parking is a factor that affects the assessed value. If a parking lot is attached to an apartment, its value is computed as – 

Stilt/Covered Parking

(Area of parking lot) X (25% of the ready reckoner rate per unit area for the property)

Open Parking

(Area of parking lot) X (40% of the ready reckoner rate of developed land in that area)

Ready Reckoner Rate Mumbai 2022-2023

The financial capital of India, Mumbai, is divided into 19 zones and 221 subzones based on numerous factors like major arterial roads and railway lines, western express highway, harbour line, marine drive, etc. 

Similarly, the Maharashtra government and Mumbai registrar office also impose a premium on the ready reckoner rate for high-rise apartment floors. However, the premium stays the same as that of Pune. 

Valuation for stilt/closed and open parking lot for computation of assessed value for stamp duty also remains the same as that of Pune.

Stamp duty rates in Mumbai are – 

Category

Stamp Duty Rate

Male

5%

Female

4%

Male and Female co-owners

5%

How To Calculate Ready Reckoner Rate (2022-2023)?

The steps to be followed are – 

1. Compute the built-up area of the property and check different factors like floors, amenities, age of construction, plot area, and more. Between the value of – the actual built-up area mentioned in the property documents and 1.2 times the carpet area of the floor, the built-up area is considered the one with a higher value. 
2. In the list of all property types, including flat, house, shop, commercial unit, etc., choose the one applicable.
3. Select the location of the area from the list mentioned on the registrar’s office website.
4. Calculate the minimum assessed value according to the current ready reckoner rate as below:

Residential apartments

For builder flats and resale apartments in group housing societies, the sum of:

• Built-up area of the property in square meters multiplied by applicable ready reckoner rate for flats in Rs. per per square meter * (1 + floor rise)
• Number of open car parking slots * 40% of the ready reckoner rate of developed land in that zone
• Number of covered car parking slots * 25% of the ready reckoner rate per unit area applicable for the property

House Constructed on Plot

Sum of:

Area of plot in square meter multiplied by applicable ready reckoner rate for flats in that area in Rs. per square meter multiplied by 1.25.

Annual Statement Rates (ASR), also known as Ready Reckoner, are the immovable property fare rates, based on which market value is calculated, whereas stamp duty is charged as per Schedule I of the Maharashtra Stamp Act, on the type of instrument and amount mentioned in it, whichever is higher under the article, and stamp duty is collected on the document by the Collector of Stamps and Registration Department.

The Annual Statement Rate is set by the state government on an annual basis and varies by locality in a state, such as Urban Area, Influence Area, and Rural Area. ASR rates are established by local authorities such as the Municipal Corporation, Municipal Council, Cantonment Board, Nagar Panchayat, and Gram Panchayat in jurisdictions administered by them.

Premium charged on Ready Reckoner Rate in Maharashtra

The Annual Statement Rate is set by the state government on an annual basis and varies by locality in a state, such as Urban Area, Influence Area, and Rural Area. ASR rates are established by local authorities such as the Municipal Corporation, Municipal Council, Cantonment Board, Nagar Panchayat, and Gram Panchayat in jurisdictions administered by them.

EASR rates in Pune, EASR rates in Nagpur and IGR Maharashtra ready reckoner are easily accessible and pocket-friendly.

Ready Reckoner Rate in Relation to Real Estate Purchasing Power

You might have noticed that the property price for each area is variable. For example, 10 Acres in a rural location might seem affordable to you. Still, the idea of purchasing a similar size property in a metropolitan city like Mumbai or Delhi will have any average citizen running for the hills. Depending on the location, connectivity to cities, and availability of all basic facilities, the property price of an area can keep changing. To ensure a balance in the real estate market, the state government sets a minimum value of a property below which the transaction can’t occur. This value is called the ready reckoner rate. Maharashtra’s ready reckoner rate increased in September 2020. Since it’s a great time to buy property, why not start your house search on NoBroker! You can save lakhs on brokerage and get the house of your dreams at the best price! Click the link below to start your home search.  Need any help with the Maharashtra Ready Reckoner Rate click below.

FAQ’s

Everything You Need to Know About Maharashtra Land Records

Usually, we hear about the legal formalities attached with the record collection of the sale and purchase of houses or apartments in urban areas. But does the process remain the same in case of transfer of ownership of a plot?  Land records are essential for rural locations to identify the growing relationship between various cultural communities, maintain regional harmony and reduce any cases of local dispute or litigation. These records also help the Government keep track of crop details, surveys, loan agreements and the implementation of various government schemes. Moreover, farmers can prove the ownership, occupancy, irrigation, or tax payments associated with a specific plot using land records. To know more about Maharashtra land records, keep on reading. 

How Are Maharashtra Government Land Records Collected?

The Government of Maharashtra collects various land records employing numerous villages forms as directed by Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971. Land records help determine land ownership. They contain a lot of information regarding the plot size, boundaries as well as details of land owners. This information is a very important piece of legal evidence while settling property disputes.

The state’s revenue department is responsible for employing a Talathi who serves the purpose of a land record officer and keeps a check on the maintenance of such forms. The Talathi is also responsible for keeping a record of rights by collecting irrigation dues, tax revenues, updating mutation entries etc. 

What Are the Functions of the Maharashtra Land Records Department?

Land records usually include a copy of maps, town planning schemes, schemes of consolidation of things, improvement schemes etc. On a state level, the land records department of Maharashtra is led by the Director of Land Records and Settlement Commissioner, Pune, Maharashtra State. However, the responsibilities are assigned to the District Inspector and Taluka Inspector of land records at the district and rural levels. Some of their standard functions are:

• To keep a note of changes occurring in the field, operations are conducted to maintain well-detailed, up-to-date information regarding the survey, classification and settlement records. 
• To collect the statistical information needed for conducting all land matters soundly and provide them to relevant departments.
• To have revenue and other land records at hand to reduce the litigation expense and ease the procedure in revenue and civil courts of the area.
• To prepare and keep a check on the Record of Rights by regular inspection of land and maintenance of the markings of individual field boundaries. 
• To organise regular revision settlement operations.
• To plan and implement the surveys of village sites on a large scale and ensure their regular maintenance. 
• To note all the changes occurring in the area while updating all the village maps.
• To arrange the regular updating, printing, and distributing of all tehsil maps to administrative bodies for official duties and sale to an ordinary citizens. 
• To instruct revenue officers in any matters of survey or settlement. 

Consequences of Poorly Maintained Land Records

Land records that are incomplete or poorly maintained have a bad influence on subsequent property transactions. When data is dispersed among departments and districts and has not been updated, accessing land records becomes complicated and inconvenient. To locate any ownership claims on a piece of land, one must travel back several years of paperwork, especially manual records. Such a procedure is highly stressful.

According to a 2007 World Bank research, land-related conflicts account for almost two-thirds of all ongoing court cases in the nation. Land disputes can arise over the legitimacy of land titles and records, as well as lawful possession. According to a NITI Aayog report, land disputes take approximately 20 years to resolve. Land issues add to the court’s workload, lock up land in litigation, and have a negative impact on industries and projects that rely on contested land titles.

In India, the land is also frequently used as collateral by farmers to acquire loans. Land titles that are contested or ambiguous have been found to restrict the flow of finance and credit for agriculture. Small and marginal farmers, who own more than half of all land but may not have legal land titles, are unable to obtain formalized credit. 

Also, land that was once utilised for agriculture is now used to create industries, power plants, manufacturing units, highways, homes, and retail malls.

Many of the infrastructure development projects, however, are experiencing delays, with land difficulties frequently being a major impediment. The lack of encumbrance-free land (proof that the land in question is free of any financial or legal liability), non-updating of land records, resilience to joint evaluation surveys of land records, demands for higher compensation by land owners, and the filing of a large number of arbitrations by land owners are all contributing to the delays.

Important Land Records in Maharashtra

Village Form VI (Register of Mutation) 

Mutation means any change in ownership or transfer of any land. Village Form VI includes all the historical accounts about the land, including past owners, type of mutation, gift, inheritance, mortgage, court decree etc. This village form is also commonly termed as Perphar Patra.

7/12 Utara or Satbara Utara or 7/12 Extract (Record of Rights)

As stated by the nomenclature, Satbara Utara is the extract that contains both village Form VII and Form XII. It can be easily obtained from any land register maintained in that particular district. The Revenue Department of the state is responsible for keeping this document as a record-of-right. It consists of information like survey number details, legal procedures, date of ownership, occupancy details, geographical location, mutation number, cultivation number, holder’s rights and liabilities, taxes, the area covered under crops, irrigation details etc. 

Here, form VII, also known as Adhikar Abhilekh Patrak or Record of Rights, includes all the ownership details, tenancy information, account number of the landholder, uncultivable land, rights and liabilities, survey number, taluka name etc. 

Form XII includes the agricultural information of the land such as crop season, name and numbers of fruit and fuel trees, cultivator’s details, types and names of crops grown, irrigation type, area covered under crops etc. This form is also termed Pikanchi Nondvahi or Register of Crops.

Village Form VIII-A

In this form, the Talathi adds all the information regarding the khatedar’s land area and their taxes. 

Village Forms VI-C

This form is valid in cases of heir-ship. It mentions pertinent details like the deceased owner’s name or the other right holder, date of death, old khata number as mentioned in Village form VIII-A, names of legal heir/heirs, name of the occupant of the land etc. 

Village Form VII-B

This form includes details of the people who have land but are not actual occupants. Talathi must inform the Tahsildar if found that the person cultivating the ground is not legally allowed to. 

Maharashtra Land Records Online

Maharashtra land records are well-maintained and preserved on the MAHA Bhulekh or Maharashtra Bhumi Abhilekh. It is an online portal that helps citizens access 7/12 extract and 8A extract online. These documents are mainly needed to prove ownership and solve disputes related to any piece of land. After paying a small fee, landowners in Maharashtra can get a copy of land records online. This online portal is a one-stop platform for checking, extracting and downloading land documents from anywhere in the state. Digitally signed, these documents are liable to be used in all legal processes. 

Post-August 1, 2021, MAHA Bhulekh has introduced a new format for ease in access to the Satbara Utara or 7/12 extract. This new update allows for more transparency and saves time. Earlier, people had to visit the government offices to change any information related to the revenue documents. But now all such changes could be made online. Moreover, farmers will now click and post pictures of their crop via mobile phones so that the Talathi does not have to visit the field. The Maharashtra land records website also allows you to check any changes made after 2008. 

How to Get Land Records in Mumbai

To access land records in Mumbai, you will have to visit the Mumbai Suburban District site. Here, you can find the Land Administration section. 

To access the property card, visit https://prcmumbai.nic.in/jsp/propertyNew.jsp. Here, you will have to enter the relevant information like Division and Cadastral Survey No. Then click on “Click Here for Application Status of PRC.” 

For getting certified copies of Property Registration Card, City Survey Map, Abstract enquiry register, Orders etc., apply for the City Survey Officer attached with a stamp of Rs. 5. Such copies of orders and and survey maps online Maharashtra are available online as well for future accessibility.

Sample for application:

To,

The City Survey Officer …………….

Name of applicant: -……………………………………..

Full Address: -…………………………………………….

………………………………………………………………..

Sub: – Issue of certified copy of ………………………………………….

Sir,

I the undersigned request you & humbly submit that issue me certified copies of

Village ……………… Taluka……………..District…………………. Details of required document is as below

The above said copies requires for my Personal/ Private/ Govt/ Court/ BMC purpose. I am ready to pay the necessary government copying charges. Please issue me the copy at the earliest.

Yours Faithfully,

(Signature of Applicant)

How To Get Land Records Pune?

To get digitally signed 7/12 Utara, visit https://mahabhumi.gov.in/mahabhumilink. Here, you can avail free services like:

• e-Hakk (Online Mutation application)
• Aaplichawdi (Village digital notice board)
• Bhulekh (View online 7/12 Utara)
• PR Card Application Status

For a nominal fee, you can upgrade to premium services and avail of the following benefits:

• Digitally signed 7/12 Utara
• Digitally Signed Village form VIII-A
• Digitally signed Property Card
• e-Records (Archived Documents)
• Mahabhunakasha (Maps with Land Records)

To view the property card, visit http://164.100.236.131/pcsql/. Here, enter all the relevant details like district, taluka, village etc. 

How To Get Land Records in Nagpur?

Visit the Nagur government website. Scroll down and look for quick links.

For Satbara 7/12 and 8 A online view – Visit https://bhulekh.mahabhumi.gov.in/. Here, click on the map area you want to access and fill in the relevant information. 

For digitally signed 7/12, Property Card, 8 A, you will have to pay a nominal fee at https://digitalsatbara.mahabhumi.gov.in/dslr.

How To Get Land Records in Aurangabad, Maharashtra?

For a physical copy, you can reach out at the Collector Office, Aurangabad, 431001. You can also email at rdc[dot]aurangabad[at]maharashtra[dot]gov[dot]in. You should be able to get all the new as well as old land records Maharashtra has and had.

For online Satbara 7/12, visit https://bhulekh.mahabhumi.gov.in/. Click on Aurangabad in the map and proceed further. 

Land records listings and records

Land records include any and all records that are kept under a variety of “Village Forms.” Town Planning Records is basically any map or plan of a survey number as well as a subdivision of a survey number that was developed in accordance with the MLR Code of 1966 maps of various improvement schemes, town planning schemes, and so forth.

How To Find Old Land Records in Maharashtra?

If you want to access old land records in Maharashtra, you will have to access the Mahabhulekh web portal. 

For obtaining 7/12 Utara:

• Visit https://www.bhulekh.mahabhumi.gov.in/.
• Select the geographical location from the drop down menu. Click on ‘Go.’
• Choose the 7/12 option. Enter relevant details like Zila, Taluka and Village from the drop down menu.
• Enter information like survey number, letter survey number etc.
• Click on submit. 

For obtaining 8 A document:

• Select the correct geographical location on the web portal.
• Select 8 A and enter all the information.
• Click on submit.

If unable to find the documents online, visit the Tehsil office of your district for further procedures. 

Land records are pertinent documents for both landowners and government bodies. A proper record of these records can help the Government keep track of policies implemented in the rural area and maintain the right balance in the communities. Farmers need land records to prove ownership, solve land disputes, and keep track of all the agricultural information like irrigation type, cultivated or uncultivated area, type of crop, season, etc. Land records in Maharashtra can be accessed online on the MAHA Bhulekh or Maharashtra Bhumi Abhilekh web portal. 7/12 Utara or Satbara 7/12 is one of the most critical land record Maharashtra documents that carries all the information about the land, owner and agricultural practices. However, keeping a track of old records and current policies is not easy. If you want assistance with any real estate related problems, contact the legal experts at NoBroker. Get quality resolution of all your queries and problems and the best-in-class assistance for legal processes at the best quote. Comment on the blog below and we will reach out to you.

FAQ’s

All About Maharashtra Cooperative Societies Act – From Its Existence (1960) to Its Latest Amends

Maharashtra is the second most populated state in India, and therefore, a Maharashtra Cooperatives Society Act is just the right fit for the state. With its population, it is not a shock that there are over 5 crore members to the existing nearly two lakh cooperative societies. Cooperative housing societies are a part of the cooperative societies and are governed by the Maharashtra Cooperative Societies Act 1960 (latest Maharashtra cooperative Societies Act 2019).  The MCS Act 1960 was brought into action on 26 January 1962. A few amends were made to the Maharashtra Cooperative Housing Society Act (as the centre mandated) on 13 February 2013. The amends of the Maharashtra Cooperative Society rules came into action the very next day i.e., 14 February 2013.

Key Features of the MCS Act

The Maharashtra Cooperative Societies Act or the Maharashtra Housing Society Act 1960 states its key features based on better housing plans for its people. It provides an inclusive and easy registration system, membership perks and includes the privileges and duties offered all over Maharashtra. The Maharashtra Cooperative Act aims to provide a fair system and solutions in Maharashtra for cooperative societies.

What Is a Cooperative Housing Society?

Under the Maharashtra Cooperative Housing Society Act 1960, the main purpose is to offer/provide its members with better housing opportunities such as open flats, apartments, and plots. In addition to this, it also aims at providing its members with the luxury of basic amenities.

Sections That Apply to Housing Societies Under the Maharashtra Cooperative Societies Act (1960)

It is important to understand that the Maharashtra State Cooperative Societies Act is not just meant for housing societies and covers a lot of various other factors. Listed below are the sections that apply to the Maharashtra Housing Society Act-

• Section 1, clauses (5), (6), (7), (8), (10), (10-ai), (10-aii), (10-aiii), (13), (14), (16), (17), (18), (20-A), (21), (24), (26), (27), (28), (29), (29A) and (31)
• Section 2
• Sections 3, 3A, 4, 5, 7, 9, 10, 12, 13, 14, 15, 17, 18, 19, 20, 20A, 21, 21A, 22, 23, 25, 25A, 31, 33, 34, 35, 36, 37, 38, 40, 41 and 42
• Section 50
• Section 62
• Sections 64, 65, 66, 67, 68, 69, 70, 71, 71A, 72, 73, 73ID, 73C, 73CB, 73CC, 73F, 73I, 75, 76, 77, 77A and 78A
• Section 79, 79A and 79AA
• Section 80 to 89A
• Section 91 to 100
• Section 102 to 110
• Section 145 to 148A
• Section 149 to 154
• Section 154A
• Section 155 to 168

Types Of Housing Societies Under the Maharashtra Cooperative Societies Act

The Maharashtra cooperative societies act 1960 has set clear criteria for the housing societies that enjoy the membership perks. The three types are listed below:

• Tenant Ownership Housing Societies: According to the Maharashtra co-op Society Act these are housing societies whose aim is to allot plots or flats on a parcel of land that the society owns either on a leasehold or freehold basis, while the members own the houses.
• Tenant Co-partnership Housing Society: Maharashtra cooperative housing society rules that the objective of these housing societies is to provide flats to their members where the society owns both the land and the building, either freehold or leasehold.
• Other Housing Societies: House mortgage cooperative societies, house construction cooperative housing societies and foundations cooperative societies with all units being offices or commercial establishments are examples of these.

Section 22 of the Maharashtra cooperative societies act makes it clear that if a person meets all eligibility criteria, then the person cannot be denied membership.  Section 79 of the Maharashtra cooperative societies act states that all transactions – money exchange, receipts and expenditure have to be legally documented and stored for verification. While Section 91 of the Maharashtra cooperative societies act takes care of any dispute that might occur in the authorship of the property. The Indian law system makes the membership of the MCS a safe and fair process.

Different Terms Used in Maharashtra Cooperative Societies Act

The Maharashtra co-op housing society act uses its own set of terms for smooth functioning and aims to provide better services to its members. Below are a few terms along with their definitions that the Maharashtra co-op society act uses.

• Central Bank: Any cooperative bank established with the goal of creating capital to be loaned to other societies is referred to as a central bank.
• Bonus: As per the Maharashtra cooperative act 1960, the term “bonus” refers to any payment made in cash or kind from the society’s revenues to a member or non-member. This does not, however, include any amount paid to any society employee under the 1965 Bonus Act.
• Cooperative Bank: Cooperative banks are defined as a company conducting banking business under the guidelines of the Banking Supervision Act of 1949.
• Cooperative Appellate Court: The Cooperative Court of Appeal is defined as the Maharashtra Cooperative Appeal Court established under the Companies Act 1960 Maharashtra State Cooperatives. 

• Member: Anyone who joins the cooperative following the bylaws and submits an application for registration will become a member upon acceptance. 
• Dividend: Dividends refer to any amount paid to its members with the profits of a corporation, and the amount is proportional to the shares it owns.
• Officer: A person appointed or elected to public office by any society per the bylaws is termed as officer. The president, vice president, president and general secretary of the society are all subordinate to the cadres.
• Committee: A committee is defined as a board of directors or any management committee that manages the daily affairs of the company by the law drawn up in article 73 of the law. 
• Working Capital: Any socially available fund, including paid-in capital, earnings, and 
• other funds raised or borrowed, are included in the definition of working capital. 
• Bye laws: The Maharashtra cooperative housing society bye laws states that all social laws registered under the Maharashtra Cooperatives Societies Act 1960, including amendments thereto, fall within the scope of the constitution.

Rules for Registration of Cooperative Housing Societies as per Maharashtra Housing Societies Act

It is not possible to register a housing society under the Maharashtra Cooperative Societies Act unless at least five members of different families or at least half of the total number of flats that qualify for membership under this Act agree to the housing society’s registration proposal.

Transfer of Share, Right, Title and Interest in Cooperative Housing Societies as per Maharashtra Housing Societies Act

Cooperative housing society members in Maharashtra are allowed to transfer their ownership stake in their property by using registered documents.

Amendment of Maharashtra Co-operative Societies Act, 1960

The changes became effective on February 14th, 2013. The Maharashtra assembly later introduced and approved amending legislation to the Maharashtra Cooperative Societies Act, 1960.  Cooperative housing society act (Maharashtra) was revised to include the following provisions:

• A co-operative housing society’s members must attend at least one General Body Meeting every five years and use the services specified in the society’s By-laws. If a member fails to do so, he or she will be marked as inactive and will be unable to vote. If the non-active member passes the eligibility requirements, they may be reclassified as an active member.
• Members of the Management Committee and its Office Bearers will be elected for a five-year term.
• There will be no more than 21 members on the Management Committee, with two seats reserved for women, one for tribes and Vimukta Jati, one for SC, and one for other backward groups.
• The State Cooperative Election Authority should be established by the State Government to oversee, elect, and manage the electoral rolls and its preparation for all society elections.
• After the fiscal year’s conclusion, the General Body meeting must convene its functioning within 6 months.

Limit of Memberships in Cooperative Housing Societies as per Maharashtra Housing Societies Act

A housing society should not allow more members than there are flats or plots available. However, if the plot owner built and sold apartments in accordance with the laws at the time, they might replace the original plot owner member and allow an organisation of flat buyers to join the cooperative housing society.

Maharashtra Cooperative Societies Act, 1960: Latest News

Cooperative organisations cannot bar entry to single women, members of specific communities, or anyone who consumes a particular diet: 

Nov. 20, 2021: According to the Supreme Court, cooperative societies cannot bar entry to unmarried women, members of particular communities, or those who consume particular types of food. The supreme court made this comment in its ruling on a distinct dispute involving the validity of the Maharashtra Co-Operative Societies Act.

According to the Apartment Act, maintenance fees will be based on a flat area 

July 15, 2021: Under the Maharashtra Apartment Owners Act, maintenance fees are based on the size of a flat. The deputy registrar of cooperative societies, Pune city zone, has decided that the same restriction does not apply to housing society flats that are registered under the Maharashtra Cooperative Societies Act.

Maharashtra Cooperative Societies Act 1960 modification approved by cabinet

May 6, 2021: A proposal to alter the Maharashtra Cooperative Societies Act, 1960, has been approved by the Maharashtra government in order to prevent cooperative society members from losing their ability to vote in the upcoming elections. A member is required by law to attend at least one cooperative society meeting every five years; otherwise, he is deemed “inactive” and loses his voting privileges. 

This is so that all members, regardless of the size of their apartments, share equally in the maintenance costs in cooperative housing organisations, since the land and the building are under the society’s ownership.

Members of cooperative housing societies are “jointly and severally” liable for any MC decisions.

January 2021: In January 2021, the Maharashtra government issued a notice requiring all elected managing committee (MC) members of cooperative housing societies created under the Maharashtra Co-operative Societies Act, 1960, to sign a bond holding them “jointly and severally” accountable for all decisions the committee makes. A new form, M-20, has been added to the MCS (Amendment) Rules, 2002, requiring elected members of the managing committee to declare that they are jointly and severally liable for all acts and omissions that are harmful to the interests of the society.

The housing society cannot be ordered by the registrar to grant NOCs to its members: HC Bombay

July 2019: In July 2019, the Bombay High Court declared that a deputy registrar of cooperative societies does not have the authority to order a cooperative housing society to provide one of its members a no-objection certificate (NOC) for improvements to and a change in the use of his premises. On July 9, 2019, in response to a member’s complaint, the deputy registrar ordered a Mumbai housing society to provide the member with the requisite NOCs for merging four tenements and changing the use of the property from residential to commercial. The HC stated that the disagreement “obviously involves a member and the society and would require resolution before any other forum.”

The Maharashtra Cooperative Societies Act has been critical to the state’s social and economic growth, especially in rural areas. Although this movement began with an emphasis on agricultural loans, it quickly expanded to include agro-processing, agro-marketing, rural industries, consumer stores, social services, and other areas. Are you looking for a house and are confused about how to get about it? Head to NoBroker to find the house of your dreams at a minimal cost. Click on the link below.

 FAQ’s

RERA Maharashtra Demystified: Know Your Rights as a Homebuyer

 RERA Maharashtra, the Real Estate Regulation and Development Act of 2016, was finally set into motion in May of 2017. This law aimed to implement, guide, and supervise the real estate sector in the state of Maharashtra. The Maharashtra Real Estate Regulatory Authority, which is known as the Maharashtra RERA or MahaRERA for short, is the body that governs the real estate sector in the state.

What is MahaRERA?

 The difference between RERA and Maha-RERA is that, while the RERA act enables prospective buyers to decide where they would like to invest their money, RERA Maharashtra looks after the regulation and development of real estate projects, the process of registration of real estate agents, rates of interest and disclosures within the state of Maharashtra. This is carried out through the Maharashtra Real Estate Regulatory Authority which is generally referred to as “MahaRERA”, which runs on the Maharashtra RERA portal.

Some of the key features that are included on the RERA website in Maharashtra are as follows.

1. To carry out the process to vet and verify the real estate projects and get new agents registered.
2. To bring transparency into the sale of flats, plots and buildings within the state of Maharashtra.
3. To protect customers, allottees, real estate agents and also those promoters who are involved in the process of real estate transactions.
4. To be able to come to a solution and to be able to resolve disputes through settlement methods.
5. To create a channel that customers can find easy to approach when they need help to resolve a dispute.
6. To provide recommendations to the appropriate government authorities in matters which are related to the development and promotion of real estate in the state.

Within the state of Maharashtra, the registrations under RERA Maharashtra on the Maharashtra RERA website are compulsory for each and every residential and commercial project that is set up. Another sphere that the body oversees, is that it ensures that real estate builders do not advertise for property, book or sell any real estate without registration because this is not permitted as per the act. 

What is the RERA Registration Process in Maharashtra?

Listed below is the detailed procedure on how to go about the registration process on the Maharashtra RERA website. 

The steps that need to be followed when logging onto the RERA app to start registration in Maharashtra, are as follows:

1. Head to the https://maharerait.mahaonline.gov.in/ online portal.
2. Then, what you will need to do next is select the new registration link under the login button, and fill out the form that shall be provided.
3. Post that, you need to select your user and type in the new window that pops open on your screen. Then you may select from the below options:
   • Promoter
   • Real estate agent
   • Complainant
4. Then you need to enter all the required information into the spaces that are provided.
5. Later verify your email ID in the provided space, and then you may log in to your account on the portal.
6. Once you do so, you need to submit the documents that are required based on your selection. The list of documents you need to provide shall be mentioned. There are also RERA agent registration fees in the state of Maharashtra that are applied.

RERA Act: Definition of Carpet Area

Carpet area, built-up area, and super built-up area are three methods for calculating the size of a property. As a result, when it comes to purchasing a home, there can be a significant disparity between what you pay and what you receive. The RERA defines carpet area as the net usable floor area of an apartment, omitting the area covered by exterior walls, areas beneath services shafts, exclusive balcony or verandah area, and exclusive open terrace area, but including the area covered by the flat’s internal partition walls.

RERA-approved projects: Which projects can get RERA approval?

Below are the basic characteristics of a RERA registered project

• Commercial and residential developments, as well as plotted developments.
• Projects with a total area of more than 500 square metres or eight units.
• Projects that were not completed before the Act went into effect.
• The project will not be covered by RERA if it is solely for renovation, repair, or redevelopment and does not include re-allotment, marketing, advertising, selling, or fresh allotment of any plots, apartments or buildings in the real estate project.
• Each phase will be treated as a separate real estate project that will require a new registration.

How to file a complaint under RERA?

The Head of Policy, RICS, Digbijoy Bhowmik explains – “Complaints can be filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016, either with the RERA full form – Real Estate Regulatory Authority or the adjudicating officer. Such complaints may be against promoters, allottees and/or real estate agents. Most state government rules made pursuant to the RERA, have laid out the procedure and form in which such applications can be made. In the case of Chandigarh UT or Uttar Pradesh, for instance, these are placed as Form ‘M’ or Form ‘N’ (common with most other states and union territories).” A complaint filed under the RERA must be submitted in the format specified by the state’s laws. Within the stipulated time limit, say a RERA complaint in Pune a complaint can be lodged against a project registered under RERA for breach or disobedience of the act’s provisions or the rules and regulations enacted under RERA.

Interesting Facts about RERA Maharashtra

There are indeed a number of salient features and advantages, and interesting facts that are attached to MAHA RERA Maharashtra, we have listed them down below so that you can go through them. 

1. RERA Authority:

MAHARERA Maharashtra handles the registration process that is related to the states of Maharashtra as well as the union territories, which are located nearby, such as Dadra and Nagar Haveli, as well as Daman and Diu.

2. Grievances:

Up to the 23rd of September 2019, the regulatory authority had received a total of 8,968 complaints, out of these, 8,351 complaints were registered, and 617 complaints were filed against unregistered projects. A total number of 5,355 orders have been passed against registered projects, and a total number of 351 orders have been passed against unregistered projects in the state.

3. Easy to use portals:  

RERA Maharashtra has also got an official website; this website is very user-friendly (https://maharerait.mahaonline.gov.in/). Having very detailed features, that are self-explanatory it is easy to understand. This website provides information on projects which have been registered with the MahaRERA. It also facilitates homebuyers and property investors to be better informed when they are making a decision. Users of this website can use it to be able to find information related to the expected date of possession, the credibility of brokers, etc, which shall help them greatly. Also, most importantly, now that borrowers/home buyers know when the project is going to be completed, and the date when the bookings are set to open, they can decide when they should apply for a home loan. Thus, they can be planned in advance.

4. Buyer friendly:  

RERA Maharashtra is indeed buyer-friendly, because, only projects that have been approved and have been registered under MahaRERA are permitted to advertise. They also handle delays in the completion of projects stringently; in case of delay in project completion. If the project is delayed, then if the allottees/buyers do not want to withdraw from the project that they have booked, then the builders are required, by the law to compensate the buyers by way of refunding money to the buyers’/ allottees, along with interest. This is decided at a pre-set rate that is decided for every month of delay till the time the developer hands over 

The Benefits of RERA Maharashtra

1. Sper high levels of transparency:

Before the introduction of the RERA Act, there was a void in the space of transparency that existed in the real estate sector. Because of this, the buyers were left at the mercy of developers to obtain possession of property that they have/had purchased. Also, promoters and developers could publish non-factual advertisements, etc, and this would mislead the people. Though, now, with the introduction of Maharashtra RERA registration, the consumer is provided with all the necessary information that is related to the project that he/she has purchased. The developer has to, by the law, adhere to the registration of the project with RERA. The builder is also expected to report on its progress, intimate about delays if any. If delays are incurred, for whatever reason, the developer may be penalised. In addition to the above, the buyers have the right to question each step involved in both the development and promotion of the construction and the advertising of the home.

2. Adherence to law and order:

Now, post-RERA Maharashtra coming into force, there is no scope for developers to channel the funds that are collected from investors and then redirect them to some of their other projects. The down payment rate has also been fixed at 10%. And, noncompliance to RERA provisions attracts penal action of imprisonment for a span of up to 3 years in addition to a financial penalty.

3. Accountability:

It has been made mandatory for the developers to deposit a sum of 70% of all the funds that are paid towards a particular project into a single account. These funds are then to be used only for construction or cost of land purposes exclusively. The developers must also report progress periodically on the project to the regulatory authorities, and failure to do so could lead to recrimination. 

4. Increased trust:

Perhaps the most significant benefit that customers have is the reinforced trust in the real estate sector because of RERA Maharashtra. This has led to a reinvigoration of the industry and greater confidence among property buyers. 

The RERA Maharashtra portal is indeed one of the best-equipped tools online with provisions, that make it easy for the user to find their abodes at their convenience, keeping in mind MAHA RERA rules.

Maharashtra RERA Special Features

Number of applications reviewed

Since May 2017, the MahaRERA Act has been in operation, long before other state governments established their regulatory organisations. It is in charge of RERA-approved registrations in Dadra and Nagar Haveli, Daman and Diu, and has processed over 18,000 applications. It is responsible for more than 60% of all RERA applications processed in the country.

Number of grievances resolved

The regulatory authority received 2,387 complaints the prior year. Over 2,000 people filed appeals, and about 1,200 of them were successful. This is a key figure, demonstrating the scope of the organisation’s reach and the ease with which homebuyers can contact it.

Latest news about RERA

The Central Advisory Council (CAC), chaired by Hardeep Singh Puri, Minister of Housing and Urban Affairs, will meet on April 12 to review several concerns relating to the structural safety of real estate projects. Several instances involving structural safety in multistory apartments have occurred. According to RERA, promoters have five years from the date of possession to correct structural flaws that have been identified. Some RERA laws relating to structural safety will be addressed to improve high-rise building safety and prevent loss of life and property.

The meeting will also address the formation of a committee to resolve legacy blocked projects, as well as the issue of some states amending RERA regulations by exempting active projects from registration when creating rules under the RERA statute. Furthermore, the CAC will consider measures such as frequent structural audits by reputable institutes and physical inspections of projects during construction.

If you are on the hunt for your dream home that is already RERA Maharashtra approved, then why don’t you start your search here with us on NoBroker! We shall help you find resale properties, ready-to-move properties, and even under-construction properties that shall cater to all your needs. Also, you shall even be able to save money by getting deals directly from the source! Click on the link below and you can begin your quest for your dream home. 

FAQ’s

Maharashtra Rent Control Act for Houses, Flats & Apartments

Did you ever wonder how people afford housing in Mumbai? When the rich and the middle class pay high rents, how do the lower middle class and the poor manage? In a city like Mumbai where the house rents are known to be very high, the government had to step in. They formulated the Bombay Rents, Hotel and Lodging House Rates Control Act aka the Maharashtra Rent Control Act.

What does Rent Control mean?

Rent Control is a means in which there is a limit set on the amount of rent a landlord can demand, even when the rental agreement has to be renewed. This amount is carefully arrived at by the local executive, legislative or judicial government, as the case may be.

Read: Know Your Renting Rights with the Model Tenancy Act

Why was the Maharashtra Rent Control Act Enforced?

Back in the day, during the first World War, there was a massive influx of people into the city, this included military personnel and migrants. To add to this, there were also dock workers and factory workers who were very handsomely paid for their key contributions.

The growing demand for homes, and the growing supply of money lead to landlords hiking the price of rent to capitalize on the situation. In order to ensure that rental prices were not going out of hand, a standard rent was fixed in 1915.

The Maharashtra Rent Control Act 1999

There have been many changes made to the Rent Control act since 1915, the one that is currently enforced in the state of Maharashtra is The Maharashtra Rent Control Act of 1999.

In this act-

• The landlord has the right to decide and increase rent at the rate of 4% every year. This can be increased to 15% if improvements are needed and 70% if the tenant’s consent.
• The rent can be increased further to 25% if there are structural repairs needed. Also, if there is a hike in taxes, you can expect your landlord to increase the rent charged.
• To rebuild, the landlord needs to meet strict conditions set forth by the Act. This will include – raising funds, getting the building plans approved by municipal authorities, etc.
• Landlords must maintain their property. If the tenant feels it is not maintained and unfit to live in, he can serve the landlord with a notice of 15 days.
• If the tenant does the repairs, after serving the notice, they can deduct the repair expenses from the rent they pay.
• A tenant can relinquish or transfer his tenancy, this is normally done when someone offers to buy out the rest of their tenancy.
• To transfer tenancy they usually pay about 33% of the amount to the landlord to effect the transfer of tenancy.

There are plenty of other details that go into the Rent Control act, you can read about it in detail here – https://housing.maharashtra.gov.in/Sitemap/housing/pdf/actsrules/THE_MAHARASHTRA_RENT_CONTROL_ACT.pdf.

The Impact Of The New Model Tenancy Act 2021 On The Maharashtra Rent Control Act 

The Model Tenancy Act was approved as well as guidelines for the same were issued to states in 2021. The new Act’s aim is to enforce an ecosystem that is not only transparent between the landlord and the tenant, but also that the disputes and litigations are minimized. The state of Maharashtra ranks among the top states with the highest number of tenants. However, this will not impact properties that are currently being rented out based on the pagdi system. 

Read: Know Your Renting Rights with the Model Tenancy Act

If you have any questions, or thoughts on the Maharashtra Rent Control Act, drop us a comment and we will be happy to help you. If you are looking for affordable housing options in Mumbai, To Rent, or To buy, or sell, NoBroker is here to help, save on brokerage and get the home you deserve by clicking below.

FAQ’s