Maharashtra has barred sub-registrars from registering property documents when mandatory approvals are missing or when a flat’s stated area exceeds the area shown in the sanctioned building plan, in a move aimed at preventing fraudulent transactions and losses for homebuyers.
The restrictions were issued through a revenue department circular dated October 12, following a September 22 meeting chaired by Revenue Minister Chandrashekhar Bawankule. They apply to agreements for first sales, sale deeds, deeds of apartments and transfer documents for units in construction projects across the state.
Under the new instructions, registration offices must check whether the documents submitted for a property transaction contain the required permissions and supporting papers. Documents must be refused if the area mentioned in the transaction exceeds the area approved in the sanctioned building plan, even when the other prescribed documents have been submitted.
The registration department had submitted recommendations to strengthen scrutiny of property transactions after the Mundhwa land scam. The latest circular incorporates those recommendations, according to the report. Joint Inspector General of Registration Rajendra Muthe said the earlier position did not allow sub-registrars to refuse registration, while the new instructions permit them to examine the documents and reject transactions that do not meet the requirements.
For projects that require registration with the Maharashtra Real Estate Regulatory Authority under Section 3 of the Real Estate (Regulation and Development) Act, 2016, the documents must include the MahaRERA registration certificate or an occupancy certificate. They must also include the sanctioned building plan showing the area of the concerned unit.
The circular prescribes a separate set of documents for projects that are exempt from MahaRERA registration. These include construction permission or a commencement certificate issued by the competent authority, a sanctioned building plan showing the unit’s area, a zone certificate and a measurement or survey plan.
The distinction is significant because property registration is the point at which a transaction is formally recorded by the state. By requiring registration offices to compare the unit area and approvals against sanctioned plans, the instructions place an additional administrative check before ownership documents are entered into the system.
The circular follows concerns that buildings may be constructed without permission or that flats may be sold with areas larger than those approved by the competent authority. The state government said such practices have caused financial losses to buyers. The new requirements therefore link document registration more closely to planning and construction approvals rather than treating registration as a standalone paperwork process.
The instructions also place responsibility on sub-registrars to follow the prescribed checks. Departmental inquiries will be initiated against officials who knowingly register documents in violation of the circular, according to the report.
An activist identified as Joshi said the checks were necessary to prevent fraudulent registrations and called for transparency at registration offices, while also stressing that officials must follow the guidelines strictly. The circular’s implementation will determine how consistently registration offices across Maharashtra apply the document requirements to new and ongoing property transactions.
