Government Circular dt. 20th September, 2019- Registration of documents of transfer pertaining to Real Estate Projects not registered with RERA*
Regarding action to be taken in the matter of registration of
documents as per clause (i) of Sub-Rule (1) of Rule 44 of the
Registration Rules, 1961 in view of the provisions of Section
3 of the Real Estate (Regulation and Development) Act, 2016
Government of Maharashtra
Department of Revenue & Forest
Government Circular No.Mudrank-207/2453/Pra.Kra.410/Ma-1 (Policy)
Madam Cama Marg, Hutatma Rajguru Chowk,
Mantralaya, Mumbai-400 032
Date:- 20th September, 2019
The letter from the Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune, bearing No.Pra.Kra.Ka.4/Pra.Kra.330/2017/908, Dt. 31st July, 2017.
In furtherance of the request made by the Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune vide his above referred letter, the Government contemplated the matter of issuing explanatory instructions vis-à-vis the following questions—
“Whether, save and except the Projects exempted by sub-section (2) of Section 3 of the Real Estate (Regulation & Development) Act, 2016, the registration of sale agreements or sale deeds pertaining to plots, apartments or buildings in the ongoing projects which are not registered with the RERA Authority is prohibited in view of sub-section (1) of the aforestated section?- and whether clause (i) of Sub-Rule (1) of Rule 44 of the Registration Rules, 1961 applies to the aforestated section of the RERA Act?”
1. Section 3 of the Real Estate (Regulation & Development) Act, 2016 is as follows:-
(1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act:
Provided that, projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act:
Provided further that, if the Authority thinks necessary, in the interest of allottees, for projects which are developed beyond the planning area but with the requisite permission of the local authority, it may, by order, direct the promoter of such project to register with the Authority, and the provisions of this Act or the rules and regulations made thereunder, shall apply to such projects from that stage of registration.
(2) Notwithstanding anything contained in sub-section (1), no registration of the real estate project shall be required—
(a) where the area of land proposed to be developed does not exceed five hundred square metres or the number of apartments proposed to be developed does not exceed eight inclusive of all phases:
Provided that, if the appropriate Government considers it necessary, it may, reduce the threshold below five hundred square metres or eight apartments, as the case may be, inclusive of all phases, for exemption from registration under this Act;
(b) where the promoter has received completion certificate for a real estate project prior to the commencement of this Act.
(c) for the purpose of renovation or repair or re-development which does not involve marketing, advertising, selling or new allotment of any apartment, plot or building, as the case may be, under the real estate project.
Explanation.— For the purpose of this section, where the real estate project is to be developed in phases, every such phase shall be considered a standalone real estate project, and the promoter shall obtain registration under this Act for each phase separately.
2. On the other hand, Rule 44 of the Registration Rules, 1961 contains a provision as to the requirements which are to be verified by a Sub-Registrar before the registration of a document.
Clause (i) of Sub-Rule (1) of the aforestated Rule 44 is as hereunder:-
44. Certain requirements to be verified before accepting a document for registration,-
(1) Before accepting any document for registration, a registering officer may not concern himself with its validity, but shall ascertain—
(a) ___ ____ _____ _______
(b) ___ ____ ______ _______
(i) that if the transaction which is intended by the document, is prohibited by any existing Act of Central or State Government, then the true copy of requisite permission or No Objection Certificate from the Competent Authority under the said Act, has been attached along with the document and that the document is not written in contradiction with any vital term or condition mentioned in that permission or No-Objection Certificate.
3. In view of the provisions of Section 3 of the Real Estate (Regulation & Development) Act, 2016 and clause (i) of Sub-Rule (1) of Rule 44 of the Registration Rules, 1961, the following explanatory instructions are hereby issued:-
“WHEREAS, save and except the Projects which are exempted under Sub-Section (2) of Section 3 of the Real Estate (Regulation & Development) Act, 2016, the advertisement, marketing, booking, sale or offer for sale or invitation to the public by means of advertisement or in any other manner for the purchase of any plot, apartment or building or any saleable real estate comprised in any ongoing or current real estate projects or part thereof, within any planning area, which are not or have not been registered with the Real Estate Regulatory Authority (RERA Authority) under Sub-Section (1) of Section 3 of the Act and for which completion certificate has not been received has been prohibited.
Hence, clause (i) of Sub-Rule (1) of Rule 44 of the Registration Rules, 1961, does apply to the registration of documents of transfer pertaining to the saleable real estate in the Real Estate Projects which are not or have not been registered with the Real Estate Regulatory Authority (RERA Authority)”
4. This circular is hereby issued pursuant to the opinion received from the Department of Law and Judiciary vide its informal Reference No.403/88/Civil/Confidential/2018/B”-Branch, Dt.14th January, 2019 and in furtherance of the opinion-cum-concurrence received from the Department of Housing, vide its Letter No. File No.RERA-2019/Pra.Kra.92/Du.Va.Pa-2, Dt. 29th June, 2019.
This Government Circular is made available on the website of the Government of Maharashtra viz. www.maharashtra.Gov.in and its code number is 201909201918015719. This Resolution is attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra.
PRITAMKUMAR VASANTRAO JAWALE- Digital Signature
Work Desk Officer, Government of Maharashtra
1. The Secretary to the Hon’ble Governor, Maharashtra State, Raj Bhawan, Mumbai.
2. The Additional Chief Secretary/Principal Secretary/Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai.
3. Private Secretaries to all Hon’ble Ministers/Ministers of State, Mantralaya, Mumbai.
4. The Private Secretary to the Hon’ble Chairman, Legislative Council, Vidhan Bhawan, Mumbai.
5. The Private Secretary to the Hon’ble Speaker, Legislative Assembly, Vidhan Bhawan, Mumbai.
6. Private Secretaries to Hon’ble Leaders of Opposition in the Legislative Assembly/Legislative Council, Vidhan Bhawan, Mumbai.
7. Hon’ble Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai.
8. The RERA Authority, Mumbai.
9. The Additional Chief Secretary, Department of Housing, Mantralaya, Mumbai.
10. All Additional Chief Secretaries/Principal Secretaries/Secretaries, Mantralaya, Mumbai.
11. All Divisional Commissioners.
12. The Settlement Commissioner and the Director of Land Records, Maharashtra State, Pune. .
13. The Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune.
14. The Additional Controller of Stamps, General Stamp Office, Mumbai.
15. The Accountant General-1 and 2 (Mumbai/Nagpur), Maharashtra State.
16. All District Collectors.
17. All District Treasury Officers.
18. Commissioners of all Municipal Corporations.
19. Chief Officers of all Municipalities/Municipal Councils.
20. All Deputy Inspectors General of Registration and Deputy Controllers of Stamps (Divisional Offices).
21. Select File, Work Desk-M-1, Department of Revenue and Forest, Mantralaya, Mumbai.
[* Translated by Adv. Prakash Manohar Chalke—