A. Obtaining

• Property Cards
• City Survey Plan.(C.S)
• C.T.S.Plan
• T.P.Remark
• D.P.Remark
• Survey Remark

• Road Line Remark
• 7/12
• Ferfar (Form No.6)
• K.J.P.(Kami Jasti Patrak)
• Enquiry Register

B. Transfer of property

C. Demarcation of Properties

D. Measurement

E. Sub - Division

F. Amalgamation And other related property matters

What is the meaning of Amalgamation of plots?

Two or more adjacent plots otherwise separate, when are used as one single plot is called amalgamation. For the purpose prior permission of the land holding authority is required

1) What is the meaning of Sub-Division?

A subdivision is a parcel of land divided from a larger area. Its purpose is to split a large tract of land into smaller ones that are easier to develop and can be developed independently of one another to increase growth and maximize the use of space. This tool also speeds up the zoning process and selling off of the land, resulting in a fully completed area, though one that is divided into various smaller areas.

2) Creating a Subdivision

Creating a subdivision usually begins with the developer applying for a zoning permit in the area. City approval and issuance of a permit is based on whether or not the particular land can be developed, and how it may be zoned. Zoning is either for single or multi-family residences, depending on the needs of the area and the request of the developer. Once the permit is obtained, the area will be built up, often at a rapid speed. Subdivisions typically surround a city center most often zoned for business and commercial use. As the city grows, subdivisions can spread in every direction, providing residential living areas that are within a short distance from the downtown without being directly in it. Many rural areas quickly get swallowed up into subdivision developments as the city expands, and local authorities often attempt to keep this type of growth from destroying the local area. However, in most cases the development of subdivisions occurs at a rapid pace, driven by a need for cheap, fast housing. Thus, subdivision growth is often considered an unfortunate side effect of the growth of a community. If you own a parcel of land and wish to sell it more easily, you may be interested in the process of subdividing that land. If such is the case, it is advisable to consult an attorney to help you obtain the proper permissions from your municipality and zoning board to subdivide and sell the land.

Transfer of Property Act 1882

The Transfer of Property Act 1882 is an Indian legislation which regulates the transfer of property in India. It contains specific provisions regarding what constitutes transfer and the conditions attached to it. According to the Act, 'transfer of property' means an act by which a person conveys property to one or more persons, or himself and one or more other persons. The act of transfer may be done in present or for future. The person may include an individual, company or association or body of individuals, and any kind of property may be transferred. includes transfer of Immovable Property.

A comprehensive definition of Immovable Property is not given in the Transfer of Property Act.Section 3, the Interpretation of the Act, says "Immovable property does not includes standing timber, growing crops or grass".Section 3(26), The General Clauses Act, 1897, defines, " immovable property" shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. Also,The Registration Act,1908, 2(6) "immovable property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.

A transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, unless a different intention is expressed or implied.

According to Section 43 of the Transfer of Property Act 1882, in case a person either fraudulently or erroneously represents that he is authorised to transfer certain immovable property and does some acts to transfer such property for consideration, then such a transfer will continue to operate in future. It will operate on any interest which the transferor may acquire in such property .

This will be at the option of the transferee and can be done during the time during which the contract of transfer exists. As per this rule, the rights of bona fide transferee, who has no notice of the earlier transfer or of the option, are protected. This rule embodies a rule of estoppel i.e. a person who makes a representation cannot later on go against it.

Every person, who is competent to contract, is competent to transfer property, which can be transferred in whole or in part. He should be entitled to the transferable property, or authorised to dispose off transferable property which is not his own. The right may be either absolute or conditional, and the property may be movable or immovable, present or future. Such a transfer can be made orally, unless a transfer in writing is specifically required under any law.

According to Section 6 of the Transfer of Property Act, property of any kind may be transferred. The person insisting non-transferability must prove the existence of some law or custom which restricts the right of transfer. Unless there is some legal restriction preventing the transfer, the owner of the property may transfer it. However, in some cases there may be transfer of property by unauthorised person who subsequently acquires interest in such property.

In case the property is transferred subject to the condition which absolutely restrains the transferee from parting with or disposing of his interest in the property, the condition is void. The only exception is in the case of a lease where the condition is for the benefit of the lessor or those claiming under him. Generally, only the person having interest in the property is authorised to transfer his interest in the property and can pass on the proper title to any other person .

For Land, Flat, Shop, Office and Industrial Unit etc. the Stamp Duty payable under Article 25(b) of Schedule 1 of the Bombay Stamp Act, 1958.

5%

For properties under the jurisdiction of Municipal Corporation

How To Calculate Stamp Duty And Registration Charges On Your Property?

The purchaser has to enter into an agreement with the seller of the flat and the stamp duty is computed as per the agreement value. The agreement value should not be less than the ready reckoner rate, or the guideline value as fixed by the government. In certain cases, the agreement value can be the market value, but whichever is higher is taken for stamp duty computation. Once the stamp duty amount is computed, the purchaser has to take a pay order in favour of the Stamps and Registration Department. Finally, the parties have to be duly present and sign the agreement before the registrar for completing the property transaction.

Suppose you buy a 200 sq m flat near Dr Homi Bhabha Road in Colaba, where the Ready Reckoner rate for residential property is Rs 264,200 per sq m. Assuming the property's agreement value is the same as the Ready Reckoner Rate in the locality, your property price calculation will be as follows:

The rights of the transferees will not be adversely affected, provided: they acted in good faith; the property was acquired for consideration ; and the transferees had acted without notice of the defect in title of the transferor.

It should be noted that these conditions must be satisfied :

There must be a representation by the transferor that he has authority to transfer the immovable property. The representation should be either fraudulent or erroneous. The transferee must act on the representation in good faith. The transfer should be done for a consideration. The transferor should subsequently acquire some interest in the property he had agreed to transfer. The transferee may have the option to acquire the interest which the transferor subsequently acquires.

1) What is the Validity period of a stamp paper?

Stamp paper purchased up to 30/11/1989 was valid for any period of time. However from 01/12/1989 all stamp papers (whether purchased before,on or after 01/12/1989)is valid for a period of six months from the date of purchase and after that it is treated as ordinary paper as if it has no stamp. However Court fee stamps and Court fee paper is valid for any period of time as there is no time limit specified in The Bombay Court fees Act, 1959, for its use.

2) What is difference between Agreement for Sale and Conveyance Deed (Sale Deed)?

Agreement for sale is a mere agreement wherein parties to the agreement agree to certain terms and conditions,part payment is made by purchaser to seller towards consideration amount,possession of the property may or may not be given to purchasing party at the time of executing the agreement and purchaser reserves the right to obtain possession,if not given earlier, and a conveyance in his favour from the seller,on payment of full consideration.Mere Agreement for sale does not transfer any right,title and interest in the property; hence it was stamped with Rs.5 only prior to 10.12.1985 under article 5(h). Conveyance(Sale Deed)is full and final document which transfers the right,title & interest of selling party to the purchasing party where in purchasing party makes full payment of the consideration to selling party and selling gives the possession of the immovable property to the purchasing party and when conveyance is fully stamped and registered,it becomes the conclusive proof of the such transfer.Hence it is stamped as a conveyance under Articles 25.

3) Some consultants claims to get the market value reduced to save a substantial amount of stamp duty, is this Correct?

Many people are under the impression that some consultants san help them in reducing the stamp duty.This is to warn them that this can be done only by furnishing misleading information like wrong C.S./C.T.S.NO.,less area of premises/flat, longer age of building etc.This would prove to be very detrimental and harmful when ,in future,they receive a notice from the department for under – valuation due to concealment of facts. Even a registered document can be reopened anytime within ten years from the date of registration and adjudicated documents within six years from the date of adjudication,please note that writing misleading information in the agreement is an offence under the Stamp Act,which is punishable with fine and imprisonment.

4) What are the mode of measurement for Stamp Duty valuation?

Stamp Duty is charged on the basis of Built-up area of the premises.Built-up area is taken to be 20% more than the carpet area.Hence all the documents must record either carpet area or Build-up area in Sq.Mtrs only. There is no recognition to Super built-up area or Saleable area hence the same should be avoided in the agreement to avoid excess payment of stamp duty. Rates mentioned for Land is Sq.Mtr.considering F.S.I to be 1 and rates mentioned for Building whether Residential, office, Shop/Commercial or Industrial are for per Sq.Mtr.Built-up area (Rate is inclusive of the value of Land) Previously when it was difficult to determine built-up area and it carpet area was mentioned in the agreement then the same was increased by 20 percent to arrive at built-up area. If Super Built-up area was mentioned in the agreement then 20 percent was reduced from Super Built-up area i.e.80 percent of Super built-up area was Built-up area.But Stamp Duty and Registration department has now withdrawn this method partially and adopt uniform method as mentioned in valuation factor. This mode of calculation was primarily a shoutcut to an acceptable solution when built-up area was not mentioned in the document. It should never be adopted to calculate carpet area from the super built-up area or vice versa, because arithmetically it will not give correct figure.

Relation Between Square Feet & Square Meter
1 Sq.Mtr. = 10.764 Sq.ft.
1 Sq.Ft. = 0.0929 Sq.Mtr.

Registration

1) What is registration?

As per section 17(1A) of The Registration Act,1908, various documents relating to transfer of movable and immovable properties are required to be registered. Registrations is legal formality wherein the document. Which is required under the law to be registered, undergoes the following procedure by the Sub-Registrar of Assurance of the respective district. After Completion of these procedures,the document is considered as registered.

• The Sub-Registrar of Assurance does the following:I) He verifies the document to ascertain whether it is legal to register such a document.
• II) He further verifies that full stamp duty is paid on that document before registration.
• III) In his presence all parties, executing the document, admit that they have executed the document presented for registration. Parties who are present and admitting to execute the document are then personally identified by two independent witnesses. All the parties and all the witnesses present again sign in the presence of sub-registrar on an additional page attached to the document.
• IV) Parties to the document are photographed and their left hand thumb impression is taken by biometric scanner and such photograph and thumb impression is affixed on additional pages attached to the document apart from color photographs and thumb impression which a person affixes in the agreement while executing the document.From 06.062007 photographs,proper identity proof and thumb impression of witnesses is also taken, and attached to the document.
• V) He puts his official seal on each page and puts a unique numbering block with number on each page of the document including the additional pages. On the last page he signs the document as being registered.
• VI) After completing the above procedure,he records the content of the document, including the additional pages, either by photocopying the content or by scanning the content of the document. The photocopy or scanned image is permanently retained by him in his records so that in future whenever a copy of the document is required it can be obtained.This copy becomes a public document, which anybody can inspect by paying the requisite inspection fees and also can procure a certified true copy.
• VII) After taking a copy of the document, as mentioned above, on the record and after completing the above formalities original document is handed over to the party presenting the document for registration. This completes the process of registration.

2) Is registration compulsory for all types of transfer of immovable properties ? What is the effect of non-registration ?

Agreement for sale is a mere agreement wherein parties to the agreement agree to certain terms and conditions,part payment is made by purchaser to seller towards consideration amount,possession of the property may or may not be given to purchasing party at the time of executing the agreement and purchaser reserves the right to obtain possession,if not given earlier, and a conveyance in his favour from the seller,on payment of full consideration.Mere Agreement for sale does not transfer any right,title and interest in the property; hence it was stamped with Rs.5 only prior to 10.12.1985 under article 5(h). Conveyance(Sale Deed)is full and final document which transfers the right,title & interest of selling party to the purchasing party where in purchasing party makes full payment of the consideration to selling party and selling gives the possession of the immovable property to the purchasing party and when conveyance is fully stamped and registered,it becomes the conclusive proof of the such transfer.Hence it is stamped as a conveyance under Articles 25.

3) Some consultants claims to get the market value reduced to save a substantial amount of stamp duty, is this Correct?

Many people are under the impression that some consultants san help them in reducing the stamp duty.This is to warn them that this can be done only by furnishing misleading information like wrong C.S./C.T.S.NO.,less area of premises/flat, longer age of building etc.This would prove to be very detrimental and harmful when ,in future,they receive a notice from the department for under – valuation due to concealment of facts. Even a registered document can be reopened anytime within ten years from the date of registration and adjudicated documents within six years from the date of adjudication,please note that writing misleading information in the agreement is an offence under the Stamp Act,which is punishable with fine and imprisonment.

Registration Offices

MUMBAI CITY DISTRICT & MUMBAI SUBURBAN DISTRICT

Stamp Duty on Instrument

ARTICLE

Stamp Duty Rates for Leave & Licence Agreement

0.25%

of Total Sum*

Total Sum*: Total Sum means the total of all licence fees or rent payable for full duration of licence period (maximium 60 months) including renewal period + amount of non - refundable depposit or advance or premium + interest calculated @ 10% per annum on refundable security deposit.

Example :

If premises is let out for a period of 2 years for Rs.20,000 per month and a non - refundable premium of say Rs.10,000 /- and a refundable deposit of Rs.1,00,000/- then

TOTAL SUM = (RS.20,000 * 24) + (Rs.1,00,000 * 0.10 * 2)
                = (4,80,000) + (10,000) + (20,000)
                    = Rs.5,10,000

STAMP DUTY = Rs.5,10,000 * 0.25% = Rs.1,275/- Rounded of to Rs.1,300/-

We draft all types of Agreements, Deeds, Instruments, Title Deeds etc. In accordance with all the statutory provisions of various governing laws and regulations applicable.

• Conveyance Deed
• Release Deed
• Development Agreement
• Gift Deed
• Assignment Deed
• Surrender Deed
• Lease Deed
• Transfer of Lease Deed
• Mortgage Deed
• Reconveyance of Mortgage Deed
• Transfer of Mortgage Deed
• Partnership Deed
• Will
• Family Arrangement Agreement
• Partition Deed
• Sale Deed
• Agreement For Sale
• Trust Deed
• Work Contract
• Project Affected Person Deed(PAP)

Adjudication Offices

Documents can be adjudicated at the following offices on payment of Rs.100. Fees.

1) What is the meaning of adjudication of stamp duty?

Adjudication of stamp duty means to pass a judgement or to adjudge how much stamp duty is payable for the registration of a particular document. When the quantum of stamp duty is variable and not fixed, it may often lead to confusion as to how much stamp duty is payable. If the stamp duty is under paid, the document may not be admissible as evidence in a court of law. Hence, to determine stamp duty payable, the government offers an adjudication services, where the government officer examines the document and determines what amount should be paid as stamp duty. This adjudication is final and binding on the government in the particular matter and gives peace of mind to persons wanting to pay the correct amount.

Determination of the stamp duty by process of adjudication is binding on the government, but if the parties to the document want to challenge the decision of adjudication they can do so (see below).

Deemed Conveyance/Deemed Assignment of Co-Operative Housing Societies

In today’s date, various Land Owner / Developer of any immoveable properties have not yet conveyed the said properties in favour of the Co. Operative Housing Societies formed by the occupants of such building. As a result, name of such Society does not appear in the property card maintained by the City Survey Records and as such the members may be deprived their legitimate rights, title and interest over the property.

With the law favouring deemed conveyance having come into force; this can be achieved on completion of certain statutory requirements as laid down in the MOFA Act. We at Prime Consultancy help you to meet various statutory requirements through our professional guidance.

We undertake this job in a systemic way in order to complete all the documentation required from various departments of the Municipal Corporation/State Government and present the same before the semi-judicial officer, i.e. District Deputy Registrar (DDR), a Competent Authority appointed for the purpose. We do all necessary statutory, due-diligence and follow up work to get the said work done at/from concerned offices of the District Deputy Registrar (DDR).

Principal Secretary
(Revenue, Relief & Rehabilitation) Department of Revenue Government of Maharashtra Mantralaya, Mumbai- 400032. Tel:No. 22855920, 22025274.

Chief Controlling Revenue Authority & Inspector General of Registration,
Maharashtra State, Pune.
Deputy Inspector General of Registration, Administration
Maharashtra State, Pune.
New Administrative Building Ground Floor, Opposite Council Hall Sadhu Waswani Chowk, Pune – 411001 Tel:No. (020) 26052432, 26128417,26124012 Fax (020) 26129949 .

Additional Controller of Stamps,
Collector of Stamps Enforcement 1,
Collector of Stamps Enforcement 2
General Stamp Office, Town Hall Building, Ground Floor Shahid Bhagat Singh Road, Near Horniman Circle, Fort,Mumbai – 400001 Tel:No. 22656904,22664585

Deputy Inspectors General of Registration,Mumbai.
Old Custom House, Ground Floor, Shahid Bhagat Singh Road, Near Horniman Circle, Fort, Mumbai – 400001 Tel:No. 22665170, 22630742

Joint Directors, Town Planning (Valuation)
New Administrative Building, Ground Floor, Opposite Council Hall, Sadhu Waswami Chowk, Pune – 411001 Tel:No (9520) 26138424

Deputy Director of Town Planning (Valuation)
Town Planning & Valuation Department D.D. Building, 1st Floor, Old Custom House, Shahid Bhagat Singh Road, Near Horniman Circle, Fort, Mumbai – 400001 Tel:No. 22691459

Chief Executive Officer Slum Rehabilitation Authority
Administrative Building, Anant Kanekar Marg, Near Indian Oil, Bandra East, Mumbai – 400051 Tel:No. 26590405, 26591879, 26590993

Additional Commissioner of police
Anti Corruption Bureau 1st Floor, Madhu Industrial Estate, Pandurang Budhkar Marg, Opp. Century Mill Gate Worli, Mumbai – 400013 Tel:no. 24921212, 24922618. Toll Free: 1800222021

The Mumbai District Co-operative Housing Federation Ltd.
1st Floor,Vikas Premises, 11 G.N. Vaidya Road, Bank Street, Fort, Mumbai – 400001 Tel:No. 22661043, 22660068

Maharashtra Chamber of Housing Industry
Maker Bhavan – II , 4th Floor, 18, Vithaldas Thakersey Marg, New Marine Lines, Mumbai – 400020 Tel:No. 42121421, 40020361 Email: krn@mchi.net www.mchi.net

Practicing Engineers, Architects & Town Planners Association (India) [PEATA]
Nagree Terrace, Sonawala Agyari Marg, Mahim West, Mumbai – 400016 Tel:No. 24445998 www.peatindia.org