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 approved in the sanctioned building plan, under a Revenue Department circular issued on October 12.
The restrictions apply across the state to agreements for first sales, sale deeds, deeds of apartments and transfer documents for units in construction projects. The government said the move is intended to curb irregularities involving buildings constructed without permission and flats sold with areas larger than those sanctioned, practices that have caused financial losses for buyers.
The circular followed a September 22 meeting chaired by Revenue Minister Chandrashekhar Bawankule. The Registration Department had submitted recommendations to tighten scrutiny of property transactions after the Mundhwa land scam, and those recommendations have been incorporated into the latest instructions.
Under the new process, sub-registrars can examine the documents submitted for registration and refuse a transaction if the prescribed papers are not available. Joint Inspector General of Registration Rajendra Muthe said the department’s recommendations were reflected in the circular and that the checks were needed to prevent fraudulent practices.
For projects required to be registered with the Maharashtra Real Estate Regulatory Authority under Section 3 of the Real Estate (Regulation and Development) Act, 2016, the required documents include the MahaRERA registration certificate or an occupancy certificate. The file must also contain the sanctioned building plan showing the area of the unit being transferred.
For projects exempt from MahaRERA registration, the circular requires a construction permission or commencement certificate issued by the competent authority, the sanctioned building plan showing the unit’s area, a zone certificate and a measurement or survey plan.
The instructions make the area requirement mandatory. A sub-registrar must refuse registration if the area mentioned in the property document is larger than the area shown in the sanctioned plan, even when the other required documents have been submitted.
The measure places the sanctioned building plan at the centre of the registration check. This links the paperwork used to transfer a flat with the approvals issued during construction and creates an additional point at which discrepancies between approved and documented areas can be identified.
The circular also warns that departmental inquiries will be initiated against sub-registrars who knowingly register documents in violation of the instructions. Activist Joshi said transparency would need to be maintained across registration offices and that sub-registrars should follow the guidelines strictly.
The new requirements distinguish between projects covered by MahaRERA and those exempt from the authority’s registration framework, while making document scrutiny a condition for registering the specified property transactions. The Registration Department’s instructions will now govern how sub-registrars assess these documents before completing registration.
