Category Archives: Useful Information

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

 

 

 

How To Transfer A Used Two Wheeler in Maharashtra

This article deals with the procedure of transferring a user two wheeler after purchase.

What documents are needed for transfer of the two wheeler?

The seller needs to give to the buyer:

  • Original RC Book or RC Card of the vehicle
  • Valid Tax Payment receipt
  • Valid Insurance
  • 2 Self Attested Copies of PAN Card
  • 2 Self Attested Copy of Address Proof / Aadhaar Card / Passport etc.

Within how many days do I need to report the transaction to the RTO?

As per section 50 of the (Central) Motor Vehicles Act, 1988:

50. Transfer of ownership:
(1) Where the ownership of any motor vehicle registered under this Chapter is transferred,—
(a) the transferor (i.e. seller) shall,—
(i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee (i.e. buyer); and

(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)—

(A) the no objection certificate obtained under section 48; or

(B) in a case where no such certificate has been obtained,—
(I) the receipt obtained under sub-section (2) of section 48; or
(II) the postal acknowledgment received by the transferee if he has sent an application in this behalf by registered post acknowledgment due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted;

(b) the transferee (i.e. the buyer) shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration.

What if I have not transferred a vehicle that I have purchased or sold? What are the consequences if the vehicle is still in the name of the previous owner?

As per section 50 of the (Central) Motor Vehicles Act, 1988:

(3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) (hereafter in this section referred to as the other person) fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount.
(4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177.
(5) For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2).

What are the forms required to sell or purchase a two wheeler in Mumbai / Maharashtra?


Form 28 Form 29 Form 30 Form TCA
1 Copy: Change of Address in RC
1 Copy: Transfer of Ownership 1 Copy: Transfer of Ownership 1 Copy: Transfer of Ownership
1 Copy: Assignment of New Reg No. from other RTO
Eg: MH 01 to MH 04
1 Copy: Assignment of New Reg No. from other RTO
Eg: MH 01 to MH 04
Total: 3 copies Total: 2 copies Total: 1 copy Total: