Category Archives: Useful Information

What is the Index II or Index 2 / सूची क्र. २ Document?

This article explains what the Index – II or Index 2 document means when Registering a Document or referring to a document which has been registered.

What is Index II?

Index II is the summary of any document Registered with the Sub-Registrar of Assurances in India. It is also known as नोंदणी  – सूची क्र. २

Why is Index II named so?

The Index No. II is named so because the Registration Act 1908 requires the preparation and maintenance of a number of Indexes for the purpose of record keeping in the Registrars office.

As per section 55 of the Registration Act, 1908:

55. Indexes to be made by registering officers, and their contents

 

(3) Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf.

Are there more Indexes besides Index No. II? What do the other Indexes contains?

Yes. There are 4 Indexes to be made and kept at the registration offices.

As per section 55 of the Registration Act, 1908:

55. Indexes to be made by registering officers, and their contents

(1) Four such indexes shall be made in all registration offices, and shall be named, respectively, Index No. I, Index No. II, Index No. III and Index No. IV.

(2) Index No. I shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No. 1.

(3) Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf.

(4) Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of all persons claiming under the same.

(5) Index No. IV shall contain the names and additions of all persons executing and of all persons claiming under every document entered in Book No. 4.

(6 )….

Is the Index II a public document?

Yes. Like any registered document, the Index – II is also a public document and a certified copy is available to any member of the public upon payment of fees and making an application.

How can we get the Index II of a registered document in Maharashtra?

 

What information does the Index II document contain?

The Index No. II contains the following details of a registered document:

  • Registration Date
  • Registration Office Name: Eg. दुय्यम निबंधक / Sub Registrar Mumbai City 1 (Fort)
  • Document Registration Number / दस्त क्रमांक
  • 1. Document Type / विलेखाचा प्रकार Eg: Leave and License / Deed of Transfer
  • 2. Document Value or Deposit or Downpayment / मोबदला
  • 3. Total Transaction Value / Market Value
  • 4. Particulars of the Property in detail
  • 5. Total Area of Property
  • 6. Assessment of Division or Joint Property (if applicable)
  • 7. Names of Persons of the First Part executing the document or presenting the document or Details of Court order etc. (This would be the Seller or Licensor or Landlord etc. )
  • 8. Names of Persons of the Other Part executing the document or presenting the document or Details of Court order etc. (This would be the Buyer or License or Tenant etc.
  • 9. Date of Execution of the Document
  • 10. Date of Registration of the Document
  • 11. Section and Page in the Register / खंड पृष्ठ
  • 12. Stamp Duty based on the market value
  • 13. Registration Fee based on the market value
Sample of an Index II for a Registered Document

Sample of an Index II for a Registered Document

What can the Index II be used for? Where is the Index 2 used?

The Index II and its certified copies serve as Evidence of Registration of the Document. Without disclosing any clauses or conditions in the document, the Index 2 summarizes the transaction and details of property mentioned in the Registered Document.

The Index 2 is used as proof to show transfer deed execution or to confirm the legitimacy of the execution of a registered document.

It is used at the time of Mortgage / Loan / Sale / Transfer etc.  to show the completion of the Transfer of Immovable Property as per the Transfer of Property Act.

The Registration of a Document or the Index II does not show the validity of the contents of the document or the legitimacy of the truth of the facts stated in it. It is merely a proof that such a document was presented for registration and was registered.

Is it safe to give my property agent or Society office a copy of the Index II document?

Yes it is quite safe to give a copy of the Index II document as it is a public document and can be obtained by any person.

Maharashtra Real Estate Regulation Act and MahaRERA Rules

This article helps the common man use the MahaRERA system to find information about real estate construction projects in Maharashtra.

What is the meaning of MahaRERA?

From when does MahaRERA come into effect?

What are the common issues which the MahaRERA law deals with?

Which are the RERA and related laws in Maharashtra?

Law Purpose
Maharashtra Real Estate (Regulation and Development)(Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017
Maharashtra Real Estate Regulatory Authority, Officers and Employees (Appointment and Service Conditions) Rules, 2017
Maharashtra Real Estate (Regulation and Development) (Recovery of Interest, Penalty, Compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules, 2017
Maharashtra Real Estate Appellate Tribunal, Officers and Employees (Appointment and Service Conditions) Rules, 2017
Maharashtra Real Estate Regulatory Authority (Form of Annual Statement of Accounts and Annual Report ) Rules, 2017
The Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017
The Maharashtra Real Estate Regulatory Authority (Recruitment and Conditions of Service of Employees) Regulation, 2017
Charges for accessing MahaRERA web-based Application for registration of project and real estate agents, extension of registration for projects and real estate agents including updating website, database management and maintenance under regulation 48 of the MahaRERA General Regulations, 2017

Where is the MahaRERA Headquarters?

The MahaRERA headquarters are in Mumbai at:

Maharashtra Real Estate Regulatory Authority
3rd Floor, A-Wing, Slum Rehabilitation Authority,
Administrative Building, Anant Kanekar Marg,
Bandra (E), Mumbai 400051

What information is available to the Public using the MahaRERA website?

Here is a list of the details available on the MahaRERA Website under the

MahaRERA Application

General Information

  • Information Type = Project Type i.e. Residential / Commercial etc.
  • Organization Name
  • Organization Type
  • Company Description For Other Type Organization
  • Do you have any Past Experience?
  • Address Details
  • Organization Contact Details

Past Experience Details

  • Sr.No.
  • Project Name
  • Type of Project
  • Others
  • Land Area(In Sq mtrs)
  • Address
  • CTS Number
  • Number of Buildings/Plot
  • Number of Apartments
  • Original Proposed Date of Completion

Member Information = Information of Company Members / Directors

  • Member Name
  • Designation
  • Photo

Project Details

  • Project Name
  • Project Status = On-Going / Completed Project
  • Proposed Date of Completion
  • Revised Proposed Date of Completion
  • Litigations related to the project ? = See below for details
  • Project Type = Residential / Commercial
  • Are there any Co-Promoters (as defined by MahaRERA Order) in the project ?
  • Plot Bearing No / CTS no / Survey Number/Final Plot no.
  • Boundaries East
  • Boundaries West
  • Boundaries North
  • Boundaries South
  • State/UT
  • Division
  • District
  • Taluka
  • Village
  • Pin Code
  • Area(In sqmts)
  • Total Building Count
  • Sanctioned Buildings Count
  • Proposed But Not Sanctioned Buildings Count
  • Aggregate area(In sqmts) of recreational open space
  • FSI Details
  • Built-up-Area as per Proposed FSI (In sqmts) ( Proposed but not sanctioned) ( As soon as approved, should be immediately updated in Approved FSI)
  • Built-up-Area as per Approved FSI (In sqmts)
  • Total FSI

Co-Promoter Details

  • Project Name
  • Promoter Name
  • Co-Promoter Type
  • Type of Agreement/ Arrangement
  • Office Number
  • Other Details

Project Details

  • Proposed
  • Booked
  • WorkDone(In %)

Eg: Number of Garages ( In Numbers) / Covered Parking ( In Numbers)

Development Work

Common areas And Facilities, Amenities Available Percent Details

  • Internal Roads & Footpaths
  • Water Supply  Eg: Fresh Water Supply from MCGM
  • Sewerage (Chamber, Lines, Septic Tank , STP)
  • Storm Water Drains
  • Landscaping & Tree Planting Eg: Proposed on Top of Podium
  • Street Lighting
  • Community Buildings
  • Treatment And Disposal Of Sewage And Sullage Wate Through STP
  • Solid Waste Management And Disposal
  • Water Conservation, Rain water Harvesting
  • Harvesting Tank
  • Energy management
  • Fire Protection And Fire Safety Requirements Eg: As per CFO Norms
  • Electrical Meter Room, Sub-Station, Receiving Station
  • Aggregate area of recreational Open Space
  • Open Parking

Building Details

  • Sr.No.
  • Project Name
  • Number of Basement’s
  • Number of Plinth
  • Number of Podium’s
  • Number of Slab of Super Structure
  • Number of Stilts
  • Number of Open Parking
  • Number of Closed Parking

 

Registration of a Will or Codicil in India

What is the meaning of Registering a Will?

Registration of a Will means to Deposit the original Will with the Sub-Registrar of Assurances and obtain a certificate of registration for such deposit.

Registration of a Will or Codicil in India

Registration of a Will or Codicil in India

Who can Register a Will?

Any person who is competent to Contract i.e. competent to make a Will as per law can register a Will.

Why do people register a Will? What are the benefits and limitations of Registering a Will?

Registration of the Will provides authenticity of the document and prevents the validity of the document from being questioned. However, the contents mentioned in the Will are not validated and authenticated, it is only the document that is merely registered as authentic.

What is the cost of Registering a Will in India?

There is no stamp duty applicable to Registering a Will. The registration fee for Registering a Will is about Rs. 100.

Where and how can you register a Will in india?

To register a Will simply visit the local Sub-registrar office. For Maharashtra see: igrmaharashtra.gov.in

Does every subsequent Will also have to be registered, if the prior Will was registered?

No. There is no such requirement, but is always recommended.

What are the options available when Registering a Will?

  • Open Will
  • Sealed Will

What is a Sealed Will?

A sealed will is a Will which is kept in a sealed cover and the sealed cover is registered and kept in safe keeping. The seal is opened at the time of the death of the Testator and is registered at the time of death.

If I do not give a Sealed Will, will a Registered Will be available for anyone to see? Can any person get a copy of a Registered Will?

A registered Will copy is made available only to the Testator of the Will (during his life time). After the Testator’s death any person can obtain a copy of the Will on producing the death certificate of the Testator.

Is there a limitation period or timeline for Registering a Will?

No. There is no limitation period for registering a Will as in the case of other documents where it is upto 4 months from the date of execution. You can register a Will at any time, including after the death of the Testator. Section 40 and 41 of the Registration Act, 1908

What is the purpose of Registering a Will after the death of the Testator?

 

Roznama in an Indian Court

What is a Roznama?

Roznama is the register of the daily proceedings of a court case, maintained in every Indian Court. It contains the activity in a case and also records if any orders were passed in the case.

Roz = Day / Daily
Nama = Name / Record / Log / Register

Who maintains the Roznama?

The Roznama is maintained by the Court Clerk or Bench Clerk

What details are entered in the Roznama?

The Roznama lists details of the daily proceedings in a particular case.

Amongst other things, the Roznama includes:

  1. Court Name
  2. Court Room Number
  3. Case No. and Type
  4. Name of the Plaintiff or Applicant or Appellant
  5. Name of the Defendant or Respondent
  6. Chronological sequence of events in the case

The Schedule of Minutes of the case, includes the chronological events like:

  1. Date of Hearing
  2. Exhibit No. (if any exhibit was submitted to the Court)
  3. Progress of the case or Order passed on that Date
  4. Next Date of Hearing given by the Judge
Roznama Lawgic.info (C)

The Roznama contains minutes of the Court Proceedings

Examples of Entries in the Roznama:

Business : Resumed Before Shri XYZ – Judge Presiding Over C.R. No. 1 Nobody present when called. Adjourned for Hearing on Exhibit 4 by Plaintiff
Next Purpose : Hearing In Notice Not Before 2.45 PM
Next Hearing Date : 08-10-2011

Exhibits : 22/A – Vakalatnama of Plaintiff
Business : Resumed before the court. Adv. for Plaintiff present and filed vakalatnama of Plaintiff. On oral request, adjourned for say of plaintiff on Ex. 11 as last chance.
Next Purpose : Reply In Notice Not Before 2.45 PM
Next Hearing Date : 16-02-2011

Where can the Roznama be seen?

The Roznama of that day can be seen by the party or his lawyer on the same day of the hearing. Alternatively, if you want to check the Roznama of a previous date, then you need to make an application and pay the necessary fees as per the Court Manual. (For the Maharashtra Court Rules see: http://court.mah.nic.in/courtweb/civil/html/chapter29.html)

Some Courts in Maharashtra and other states, allow you to see the Roznama of a matter online on their website.

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website