Mumbai Property Registration - Procedure and Charges

Mumbai property registration formalities fall under the purview of the Department of Registration & Stamps, Government of Maharashtra. Property registration in Mumbai can be done at the Sub-Registrars office. Sub-Registrars in Mumbai is open from 10 am to 5.45 pm and the documents can be submitted for registration during this period. However, a few Sub-Registrars offices in Mumbai city, Mumbai suburban district, Thane, Kalyan, Panvel, and Pune cities are working from 7 a.m. to 2 p.m. and few offices from 2 p.m. to 9 p.m. Further, for the convenience of citizens, some Sub Registrars offices are also working on Sundays and 2nd or 4th Saturdays. In this article, we look at the procedure for completing property registration in Mumbai along with the relevant charges.

Property Title Verification in Maharashtra

Prior to purchasing any property, it is important to verify the title deeds of the property. Some of the aspects that must be covered in the property title verification are the validity of legal title to the property held by the seller. If the transaction made with the

Power of Attorney holder instead of the original owner, then the authenticity/legality of the Power of Attorney examines along with the rights to engage in the intended transaction. Finally, it is important to ensure that the proposed transaction does not prohibit under any prevailing law of the State or Centre. If the proposed transaction prohibits under any prevailing law restricts to register the document pertaining to that transaction. Only on completion of the basic legal due-diligence above, it is best to engage in price negotiation. On agreement of a price and time for completing the transaction, a more thorough due diligence must be performed checking on the following aspects:

Examine the 7/12 extracts, change/alteration extracts, property card, city survey card for the last few years and updated ones.
Inspect the documents and index of documents registered pertaining to concerned property in the office of the Sub Registrar.
Call for objections if any, to the intended transaction by issuing public notices in newspapers.
Verify records of the Court under whose jurisdiction the transaction of property is situated. Such verification in order to find out whether some disputes are sub judice.
Make local inquiries regarding the ownership rights and possession of the property.
If the property is relating to a Cooperative Housing Society, then to enquire about it with the society.

The nature of title deed verification required would change based on the property type, transaction, buyer, seller, and other factors. Hence, it is best to engage an experienced Lawyer for completing the property title verification.

Prepare Property Deed

On completion of due diligence, terms of the transactions between the buyer and seller, sale deed must be prepared by an experienced professional. Care must be exercised to ensure that the deed accurately mentions the property. According to Section 21 of the Registration Act. 1908, for registration of document of transfer of immovable property it is necessary to mention the description of the property in such a way that the said property can be distinctly identified. Also, the document requires the following particulars:

The name of the road on which the said house is located, the direction of the road, number of the road (if given), area of the house and its usage.
Name of the present occupant, or if possible, the earlier occupant of the said house.
The city survey of that property requires the Cadastral Survey No. /CTS of that property.

If the property in the document is the outside town or a land parcel:

Name of the geographical area where the above property is located, e.g. Revenue village, name of Taluka.
The city survey of that property requires the Cadastral Survey No. /CTS of that property.
The name and a serial number of details of a road or other property by the side of which the above property is located, e.g. four boundaries (i.e. properties existing along with four directions).

Stamp Duty Charges

Stamp duty, registration fee, document handling charges, and data entry charges are applicable during property registration. Of all the charges, stamp duty is the major component. Stamp duty must be paid by affixing non-judicial stamps to the document. According to the Maharashtra Stamp Act, each document require stamp with proper stamp duty and with the proper mode. In Maharashtra, stamp duty charges on the market value of the property or on the agreement value, whichever is higher. Based on the jurisdiction under which the property is situated, the following stamp duty rates are applicable:

In Nagar Panchayat, stamp duty is 3% - Mainly rural areas of Maharashtra
In Municipal Council stamp duty is 4% - Areas under MMRDA, Municipal Corporation and Adjoining Cantonment and Influence Zone.
In Municipal Corporation stamp duty is 5% - Areas under Municipal Corporation and Adjoining Cantonment Area

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Frequently Asked Questions

Common questions about Mumbai Property Registration Procedure and Charges.

The procedure for property registration in Mumbai involves verifying the property title, preparing the property deed, and then registering the deed at the Sub-Registrar's office. The process begins with thoroughly checking the ownership records, court records, and obtaining clearance certificates to ensure the property has a clear title. Once the due diligence is complete, a sale deed is drafted, and stamp duty is paid before submitting the documents for registration at the Sub-Registrar's office.

The Sub-Registrar's offices in Mumbai are generally open from 10 am to 5:45 pm. However, some offices in Mumbai city, suburban districts, Thane, Kalyan, Panvel, and Pune have different timings, such as 7 am to 2 pm or 2 pm to 9 pm. Additionally, certain Sub-Registrar's offices remain open on Sundays and on the 2nd or 4th Saturday of the month for the convenience of citizens.

Property title verification is crucial before registration to ensure the seller has a valid legal title to the property and the right to engage in the transaction. It helps identify any disputes, encumbrances, or restrictions on the property that could affect the buyer's ownership rights. Thorough due diligence protects the buyer from legal complications and potential disputes in the future.

The property deed should accurately describe the property in a way that it can be distinctly identified. This includes mentioning the property's location, road name, area, usage, occupant details, cadastral survey numbers, and boundaries. Providing precise details helps establish the property's identity and prevent any ambiguity during registration.

In Mumbai, the stamp duty is calculated based on the market value of the property or the agreement value, whichever is higher. The stamp duty rates vary depending on the jurisdiction – 3% in Nagar Panchayats (rural areas), 4% in Municipal Councils (MMRDA, Municipal Corporations, and adjoining areas), and 5% in Municipal Corporations and adjoining Cantonment areas.

Mentioning the property's boundaries in the deed is crucial for clearly identifying the property's extent and limits. It helps prevent any future disputes or conflicts with neighboring properties by defining the exact area covered by the property being registered.

While it is not legally mandatory, engaging an experienced lawyer for property registration in Mumbai is highly recommended. A lawyer can guide you through the entire process, ensure compliance with legal requirements, and protect your interests by conducting thorough due diligence and drafting the deed accurately.

Yes, in addition to stamp duty, there are other charges applicable during property registration in Mumbai, such as registration fees, document handling charges, and data entry charges. These charges may vary based on the property value and location.

Public notices are issued in newspapers during property title verification to invite any objections or claims regarding the ownership and transaction of the property. This process helps identify any potential disputes or encumbrances that may not be evident from the available records, ensuring a clear and undisputed title for the buyer.

Yes, for the convenience of citizens, some Sub-Registrar's offices in Mumbai remain open on Sundays and on the 2nd or 4th Saturday of the month. This allows individuals to complete their property registration formalities even on weekends, reducing the need to take time off from work.