Heirship Certificate Procedure in Navi Mumbai

WHERE TO FILE

When someone passes away, their Hiership Certificate can be filed at the appropriate court closest to where they lived at the time of death or where their property or part of their property is located. All properties, no matter where they are located can be included in one application. The local court will then send letters to other courts where other properties are located and obtain verification reports from them.

The application for heirship has to mention the properties and the districts and the district courts they fall under for properties out of the jurisdiction of the local courts.

NOTE : The practice of executing and registering a ‘Release Deed’ and ‘Gift Deed’ by heirs in favor of any person or heir is an inherently defective procedure. You can only ‘Release’ or ‘Gift’ something that is already yours., and the only thing that can settle that is an independent verification by the Courts via Heirship Deed or if there is a Will left by the deceased person which includes the name of the executor (the person who will carry out the wishes listed in the will, as named in the will by the deceased person), via a PROBATE by Courts. After a successful PROBATE by the Courts, a LETTER OF ADMINISTRATION is issued in the name of the EXECUTOR named in the will. If there is no EXECUTOR named in the Will of the deceased person, then the Courts will appoint an ADMINISTRATOR for the assets of the deceased to find out if any legatees, a will or hiers exist.
Public notices in Newspapers may be issued to invite claims.
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Remember : No right to any part of the property of a person who has
died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction.
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Other Type of Letter of Administration : A letter of Administration can be directly granted to the legal heirs of a Hindu, Muslim, Budhist, Sikh, Jain if the decesed died without making a will. But such a letter of Administration can only be granted to a person who is entitled to the property anyways (lineal descendants/legatees i.e. sons, daughters, grandsons, granddaughters etc , tier 1, tier 2 hiers etc) as per inheritance laws.

COST
In Maharashtra, if the purchase price of the property to be claimed was less than 5,00,000 (Five Lakh), then the Court Fee is calculated as per the following formula :
Purchase Price of FlatCourt FeeMinimum Amount01 to 50,000 2% 1000
50,000 to 2,00,000 4% 6000
2,00,000 to 3,00,000 6% 6000
3,00,000 to 5,00,000 7.5%
5,00,000 and above 75,000 75,000
Court Fee Chart for Heirship Certificate
For properties costing more than Rs 5,00,000 (Five lakh) at the time of purchase by the deceased, there is a flat fee of Rs 75,000 (Max) no matter how many properties and where they are located.

NOTE : Incase the property is under joint ownership and only one owner has expired, then the purchase price of the property will be taken at 50% of the total purchase price and the jurisdiction and court fee will change accordingly.

Sometimes the Judge allows depreciation and you can get away with paying Rs 58,000 instead of Rs 75,000. But that’s a hit or a miss.
COURT FEE PAYMENT SCHEDULE

Court fee (stamp) at time of submission : Rs 50
Court fee (stamp) on Vakalatnama : Rs 10
*Full Court fee is only payable once your application is approved by the judge...which is much later after your application is submitted and all the checking is over . It is the final step. After the payment of Court fee, your Hiership Certificate is issued.
COVERAGE

You can include all properties, wherever they may be located, in one single Heirship Application to the court. The court fee is capped at Rs 75,000…no matter how many properties you include and what the total price of the properties was.

The Documents for submitting application for Heirship are as below :-Adhaar Card and Pan card of all parties (including the deceased person)
Death Certificate of the deceased person
Society Share Certificate
Electric bill
Copy of Sale Agreement (attested as true copy by Notary)
Valuation report (Obtained from a Chartered accountant or govt registered valuation agent or Sub Registrar office)
Ration Card
APPLICATION SUBMISSION
The Application is typed and submitted in court as a Miscellaneous Application (Civil) category. It is now compulsory to file all applications online via efiling (version 3.0) website .
You must first register yourself and wait for approval. Then you can file the application.

You must register on this website firstEfiling website

COURT PROCEDURE : STEPSSubmitting the application as a miscellaneous application (called petition in court language) along with Court Fee Stamp of Rs 50 (pasted on the back of the front page of the application) (If you are hiring an advocate, you have to paste another Rs 10 court fee stamp on the vakalatnama-appointment letter for advocate)
Affidavits of all parties stating that they are the legal heirs of the deceased person. A sworn document (Notarized by a Notary) that verifies facts concerning a specific issue. In this situation, it identifies the heirs of the decedent and other relevant information as required by law. Any Notary in your area should be able to help you with this.
List of Documents being submitted with the application (Aadhaar, pan, society Share certificate etc.)
Memo of address
Jahir Notice (Newspaper notice in 2 local newspapers inviting any objections from anyone within 30 days)
If no objection received after publishing of newspaper notice, a demand letter for payment of Court Fee (as per valuation)
No claim affidavit : This is given by the opponent heir that he does not want any share in the property. This is done at the final stage. Just before the Hiership Certificate is issued by the court.
Payment of Court Fee
Jahirnama (Heirship order issued by court)Heirship notice issued in newspaper to invite objections if any

What happens if objections are received after Newspaper notice is published by courts ?

In this case the court issued a notice to all parties (8 days) and calls for all evidences and parties to present their case before deciding on the matter. The court can either issue the Heirship certificate or refuse to issue it . If the matter seems too complicated, it will suspend the proceedings of issuing the Heirship certificate until the matter is settled as part of a civil suit filed in an appropriate court.

The court will send bailiffs to inquire with people in your community and neighbors to gather information about your background. They will then submit a report to the judge. If you have properties in other districts or cities, the court will also request a report from the local court or magistrate. Once these reports are clear, your application for heirship will be approved.

Once all necessary tasks have been completed, it will be incumbent upon you to fulfill the court fee in the prescribed manner as stipulated by the court. Following this, the Judge shall provide you with the Heirship order that is rightfully yours.Copy of Heirship certificate issued by Court in Mumbai

TIME TAKEN

The Entire Procedure should take 4-5 months, if the person/advocate is following up regularly.
Powers/Rights obtained via Heirship Certificate

First—An heir, executor or administrator, holding the proper certificate,
may do all acts and grant all deeds competent to a legal heir, executor or administrator, and may sue and obtain judgment in any Court in that capacity.

Second.—But, as the certificate confers no right to the property, but only indicates the person who, for the time being, is in the legal management thereof, the
granting of such certificate shall not finally determine nor injure the rights of any
person ; and the certificate shall be annulled by the Sessions/District Court, upon proof that another person has a preferable right.

Third.—An heir, executor or administrator, holding a certificate, shall be accountable for his acts done in that capacity to all persons having an interest in the property, in the same manner as if no certificate had been granted. And that is the reason why the Heirship Certificate holders are supposed to give an inventory of any property they have sold to the court every year. This is done so that the court has an accurate record incase someone files a counterclaim later that you deprived him or cheated him from his share as he/she is also an heir.
DOES IT MAKE YOU AN ‘OWNER’ OF THE PROPERTIES?

An heirship certificate DOES NOT make you the “owner” of a property. It just gives someone the confidence to deal with you in matters related to a deceased person’s affairs. It’s like an assurance for that person, so they won’t be held responsible if anything goes wrong.

However, it’s important to note that holding an heirship certificate doesn’t protect you from being sued by other claimants or having the certificate cancelled by a court. If it’s discovered that you were involved in fraud, any money you received for the property may have to be shared or refunded to the rightful heirs. If you don’t comply, the government may sell your property to fulfill the rightful heirs’ claims. To pursue this, the claimant would need to file a case in court.

DIFFERENCE BETWEEN HIERSHIP CERTIFICATE, SUCCESSION CERTIFICATE AND LETTER OF ADMINISTRATION

An HEIRSHIP CERTIFICATE is a legal document granted by the appropriate court to the heirs of a person who has passed away without leaving a will. It is specifically applicable to non-movable assets such as flats, properties, and land owned by the deceased individual. The purpose of this certificate is to establish and validate the rights of the heirs over these immovable properties. The heirship certificate serves as proof of their entitlement and allows them to assert their ownership and make necessary transactions related to those assets.

On the other hand, a SUCCESSION CERTIFICATE is another legal document issued by the court that grants the heirs of a deceased person the authority to inherit and manage their movable assets. Movable assets encompass a wide range of properties and valuables, including bank accounts, shares, money, gold, jewelry, cars, bikes, and other personal belongings. The succession certificate acts as a testament to the legal status of the heirs and authorizes them to access, transfer, or dispose of the movable assets left behind by the deceased individual. It provides the necessary legal framework to ensure a smooth distribution of these assets among the rightful heirs.

In contrast, a LETTER OF ADMINISTRATION is a document granted by the court to an individual named in a will as the executor or administrator (Someone whom the dead person authorised to carry out and fulfill all that is written in the will).
It can also be granted to another person when no executor is named in the will or the person named as executor in the will is unwilling or not in a position or dead.
This person, named in the Letter of Administration as the Administrator, is entrusted with the responsibility of carrying out the instructions stipulated in the will regarding the distribution of assets.

Unlike the heirship certificate and succession certificate, the letter of administration is applicable when the deceased individual has left a will behind. The named executor or administrator is legally bound to oversee the proper execution of the deceased person’s wishes as detailed in their will. The letter of administration empowers the executor to manage the estate, handle any financial matters, settle outstanding debts, and distribute the assets to the designated beneficiaries as outlined in the will. It is important to note that the named executor or administrator does not become the owner of the assets mentioned in the will but rather serves as a fiduciary in fulfilling the wishes of the deceased.

Other Type of Letter of Administration : A letter of Administration can be directly granted (without probating a will) to the legal heirs of a Hindu, Muslim, Budhist, Sikh, Jain if the decesed died without making a will (Intestate) . But such a letter of Administration can only be granted to a person who is entitled to the property anyways (lineal descendant ie sons, daughters, grandsons, granddaughters etc , tier 1, tier 2 hiers etc) as per inheritance laws.

These legal documents play a crucial role in the posthumous transfer of assets and help streamline the inheritance process. They provide a clear framework for the distribution and management of both movable and immovable assets in accordance with the law. The issuance of these certificates and the letter of administration helps ensure the rightful transfer of assets to the appropriate beneficiaries, provide legal protection, and prevent potential disputes among the heirs.
SUMMARY

In short : Heirship certificate is like GST number. You don’t need it unless your business turnover per year crosses 40 lakhs … but nobody will deal with you unless you have it.
This is the entire gist of the matter 🙃
FOR MUSLIMS (Sunni’s)

In Muslim law, inheritance is determined by Sharia. The shares in the property are divided based on factors such as the number of children, their gender, and the relationship to the deceased. Generally, males receive twice the share of females. A Muslim person can only will up to one-third of their property while they are alive. After their death, Sharia law determines the distribution of the remaining property among the heirs.
Shias have a slightly different ratio for inheritance.

CONTACT US FOR ALL YOUR HEIRSHIP CERTIFICATE REQUIREMENTS IN MUMBAI & NAVI MUMBAI.

NOTE : NO CONSULTANCY CHARGES WILL BE CHARGED FOR HEIRSHIP CERTIFICATE INQUIRIES. WE CANNOT BRING BACK YOUR LOVED ONE’S, BUT WE CAN LESSEN THE BURDEN THAT THEIR DEMISE HAS BROUGHT.🙏

Heirship certificate is necessary when a property owner dies intestate (without making a will). It has to be obtained by immediate family members (father, mother, wife, sister, brother, children, grand children etc.). If some members of the family do not want any share of the property, they will be named as opponents in the Heirship Application.
JURISDICTION

In the context of Heirship certificate procedure in Maharashtra :
Purchase Price of PropertyJurisdictionBelow 5,00,000 (Five Lakhs) Civil Judge (Junior Division) (Lowest court)
Above 5,00,000 (Five Lakhs) Civil Judge ( Senior Division) (District/Sessions Court)
Heirship application jurisdiction 

Heirship certificate from Tehsildar, talukdar, mamledar, amaldar, mandal adhikari is only for people who live in a Gram panchayat, Municipal Council or Tehsil.
Ordinary citizens who live in Metropolitan areas (Cities with a Municipal Corporation) should not file there.

Everything you wanted to know about CIDCO Transfer in Navi Mumbai

CIDCO Transfer Charges are compulsory in Navi Mumbai for purchase/sale of all types of real estate – Shops, offices, flats, plots etc. Without the payment of CIDCO Transfer Charges, no property transaction is legally sound or complete. Do not believe fake news and chor politicians who have zero understanding of the law and whose only job is to fool the uninformed people with lies.

CORRUPTION IN CIDCO

If you think that police and municipal authorities are corrupt, they will pale in comparison to the loot going on in CIDCO…. and that too under the very nose of the so called ‘Vigilance’ department of CIDCO located on the 6th floor of CIDCO bhavan in Belapur. Anti Corruption Bureau of Police regularly raids and catches staff in this building..right under the nose of this so-called ‘Vigilance Dept’.
In this situation, it would be safe to say that the Vigilance Dept of CIDCO is also corrupt. The fence has eaten the crop.
And if you think that only the low down employees are corrupt, try fixing an appointment with the MD of CIDCO.
The Municipal commissioner is available for public meeting between 3-5 pm everyday without appointment.
The Police commissioner is available for public meeting without appointment daily between 3 and 5 pm…but CIDCO MD is in a whole different league.

ALL ARE LOOTING AWAY TO GLORY

You will get appointment with the PMO but not the MD of CIDCO.
The Jt.MD Of the MTS 2 Dept is Mr.Kailash Shinde and his office is on the 2nd floor of CIDCO Bhavan in Belapur.
Understand this one thing clearly about bribes to CIDCO officials :

No CIDCO official will do anything that is illegal in exchange for money. If a CIDCO official is asking for money to do a certain thing for you, rest assured that what he is promising to do is legal anyways..but it just happens that you don’t know about it. If you file an RTI, they will be obliged to tell you the truth. That is the reason why the Online RTI portal of CIDCO has collapsed. They don’t want to tell you the truth. ..cause that will end their loot.

Amongst all this corruption, there are 2 people that deserve an honorable mention : Mr.Yatish Patil and Miss.Sneha from Kharghar Office. Both have always been extremely co-operative, ready to help, respectful, unlike the other staff that I have ever come in contact with. Extremely rare in CIDCO. No comments about the others.

After much delay from its set deadline of 1st April of every year, CIDCO finally released the new Transfer Charges for plots, shops and flats in Navi Mumbai region. These are valid on all properties bought or sold in Navi Mumbai. The rates usually go up 10% every year. They are calculated on the carpet area of the shop/flat and depend on the location. The Time taken to complete the procedure is stated as 20 days by CIDCO, but in reality it can take anywhere from 1 month to a couple of months due to the absolute chaos, TOTAL CORRUPTION and lack of systems prevailing in CIDCO offices.
Why ?

Because all land in Navi Mumbai belongs to CIDCO. They acquired the farmland from villagers starting back in 1970’s. They only give land on lease (long lease of 60 years) and hence they are like a giant landlord. Now logic should tell us that if we are sitting on a property that belongs to a giant landlord (in this case its CIDCO), it is but obvious that if you want to leave and make someone else sit in your place, you will need the approval of the landlord and abide by the lease conditions.
Total Chaos and corruption at CIDCO Transfer Department
What happens if you don’t pay CIDCO transfer charges?

Well, that depends on whether you are the buyer or seller of the property and whether you and the buyer before you has paid the stamp duty or not. If the buyer before you has paid the transfer charges, then you don’t have to worry. Just pay the transfer charges for your transaction and you’re ok. But if the seller has not paid his transfer charge (when he purchased the flat) then you are liable to pay it when you purchase the flat from him. Or else, you can ask him to shell out the money for his transfer.
So make sure that you purchase a flat only after checking that the previous owner has paid the CIDCO transfer charges. If you buy from the builder, you don’t have to pay transfer charges as it will be applicable after the formation of the society and at the time of conveyance of the land and building in favor of the society.

Sometimes even the banks are not aware of these transfer charges as these are unique to CIDCO areas in Maharashtra, and the builders don’t want to tell you at the time of selling the flat to you as they don’t want any additional expenses to come in the way of their sale. CIDCO transfer charges increase by approx. 10% every year.
Is there any other clearance required from CIDCO?

Yes. After obtaining the CIDCO NOC, you may require a ‘Mortgage NOC’ (if you are taking a loan from a bank). The bank will not disburse the loan unless you obtain this Mortgage NOC from CIDCO.
What do transfer charges depend upon?

They depend on the carpet area (not built up area) of the flat.
Is GST applicable on CIDCO Transfer Charges ?

Unfortunately, CIDCO has started levying GST of 18% on CIDCO Transfer Charges. It may help to note that before 2014, there were no additional taxes of any kind on CIDCO Transfer charges as neither is CIDCO selling you any goods and neither is it providing any service to you. Simply changing your name in Govt (CIDCO) records and taking money for the same is NOT a service.

Does Govt charge GST on registration and stamp duty paid while purchasing a flat ? NO. So why is CIDCO taking 18% as GST for doing exactly the same thing (changing your name in govt records) ?

But aren’t CIDCO Transfer charges abolished ?

CIDCO Transfer charges are implemented as per law passed in Assembly. Its called the New Bombay Disposal of Lands Act and New Bombay Disposal of Land Rules. To change that law and the rules which govern it, it will have to be altered in the Assembly.
CIDCO earns hundreds of crores via these Transfer charges, which is then spent on by CIDCO for developing the infrastructure and paying its staff salaries. So promising to ‘abolish’ it was just like a lot of other false promises made by ignorant and foolish politicians who have zero idea of economics. But these fake promises only work where the population at large is ignorant of basic laws.
When are these charges payable ?

These charges are payable after registration of the Sale Agreement (Part Payment Agreement) or in case of payment in one shot (No bank loan) it is payable after the Sale Deed.
Are all flats/buildings/societies eligible for CIDCO Transfer Charges automatically ?

No, the Society must have something called Conveyance and must feature in CIDCO records. More than 90% of Societies do not have ‘Conveyance’ in their favor in CIDCO records.

What is the conclusive document which shows Society Conveyance ?

Its something called ‘Final Order’, shown below..

Final Order Issued by CIDCO

Are transfer charges fixed ?

No, they increase by 10% every year on the 1st of April (beginning of new financial year).

NEW TECHNIQUE FOR CORRUPTION BY CIDCO STAFF

Recently, it has been noticed that CIDCO officials make people submit physical copies of their application along with all the other affidavits etc. On visiting the CIDCO office, applicants are told to submit additional documents like :-

1.Share Certificate copy
2.Society Members List
3.Copy of Final order etc

All these demands are illegal. No official can make you submit more documents than listed on the CIDCO Website.

And anyways, the documents you submit also contain an Indemnity bond, which absolves CIDCO of any blame or responsibility if any legal or other issues crop up later. CIDCO has zero liability. ZERO. For what are they taking all these guarantees from an applicant if they want to become a CID office ? If they want to become CID office, then let them take responsibility for any problems later.

They may also give you frivolous excuses that Society is not uploaded etc. If your society has something called the final order, then all the responsibility of uploading and updating records falls on CIDCO. Its not your job or responsibility to upload or facilitate an internal process of CIDCO. Tell them its their job not yours.

If the CIDCO officials make these illegal demands, tell them to give them in writing on a piece of paper that they want all these documents along with their name, designation and date.

Tell them that you will approach the CIDCO MD / Vigilance Dept at Belapur HQ and complain to him/her.

They will never give you anything in writing….and will most probably tell you that they will manage without those documents.

If you manage to submit your complete application online, you will be asked to come personally to collect the NOC letter as ‘the mail server is down’ or ‘your documents were not uploaded’ some other excuse. They will never tell you this in writing cause there is nothing wrong with any mail server and your documents were uploaded properly. All they want to do is make sure that the person who has filed the application is not an agent (who is avoiding greasing their palms). You will only be called on so that the call cannot be recorded or sent a mail that your application is rejected as your documents were not uploaded . The best part is… once your application is ‘rejected’ .. your documents and entire application is also deleted. So there is no way of you verifying that your documents were actually uploaded or not. There will be nothing in writing. Once you reach the office, they will try to verify if you are an agent/lawyer. .. and if you are, they will make you cough up money. If you are not, then they will simply hand over the NOC in printed format to you and say goodbye.
If your application is rejected due to the reason of ‘documents not being uploaded’, the only recourse available to you is to submit a fresh application. Following this, it is advisable to visit the CIDCO office promptly the next day and request them to verify the status of document upload in person (in front of you on the computer). This approach is the most effective means of resolving the situation.

What you should do is tell them to write on the NOC that the NOC was handed over to you in person as the Mail Server was not working along with the date, time and signature of the official.. But they will never do it cause every technical fault is recorded. If you make a written complaint, an investigation will be done, their lies will be caught…and the culprit will either be transferred or sacked after inquiry.

To address any concerns or submit a complaint, you can access the online complaint submission portal . However, please note that while this platform aims to assist users, there have been instances where satisfactory resolutions to complaints were not achieved.

Time Limit for Issuing CIDCO NOC And MORTGAGE NOC (Provided all documents are in order)
CIDCO NOC 21 Days
MORTGAGE NOC 7 Days
Time Limit to issue CIDCO NOC and Mortgage NOC
If your society does not have conveyance in its name along with Final Order from CIDCO…..

Even if your CIDCO society conveyance is not done, it is advisable to get all the documents for CIDCO transfer signed and ready as the seller may not be traceable if and when the society manages to get the Conveyance done after a few years.


Note : Conveyance of land and building in the Name of the Society is compulsory for CIDCO Transfer. The Only conclusive proof of that is a document called the Final Order. Without this document, no CIDCO transfer will be possible.

Current CIDCO TRANSFER Charges (1st April 2023- 31st March 2024)

CIDCO TRANSFER SERVICES

We can provide our professional services to facilitate CIDCO Transfer Process for a nominal charge of Rs 15,000 (all inclusive).You can pay online via Gpay, Phonepe or UPI and documents will be prepared and sent to you via courier in 2 working days. We only require a copy of the Sale Agreement for preparations of the Documentation. We only need a copy of your sale agreement/sale deed to process the documentation. You can mail a scanned copy or send it via courier.
Service provided by us

CIDCO Transfer only 15000
Mortgage NOC only 15,000
CIDCO Transfer + Mortgage NOC 20,000
Only Drafting/Documentation 5,000
Drafting and Registration of Sale Agreement/Sale Deed 10,000
Brokerage (Purchase/Sale transaction) 2%
Brokerage (Rentals) 1 month rent/year
Consultation over Phone/Whatsapp/Zoom/Google Meet 5,000/30 mins
Pricing chart for our services

How builders cheat flat buyers in India

In our recent experience, particularly in Navi Mumbai, we have come across numerous instances of builders giving a false picture to flat buyers, in order to sell their flats. Some of these methods are listed below and could be classified as scams to rip off the gullible customer….

“There is only one flat available”

This is the most common statement made by builders to any inquiries about their projects. It is more prevalent in smaller buildings of 4 floors or less. These are typically small plots of 200 sq. meters in Navi Mumbai and are usually Tripartite (also called CIDCO transfer plots by some builders). This is done to project a false image of a booming market. In most cases the builder has not even sold a single flat, let alone all flats. He makes this statement expecting the buyer to hurry his purchase and to sell his unsold flats. And normally this ‘available’ flat is either the ground floor or the top floor or some other location with a really bad ventilation or view. This is the flat that will give him the maximum headache while selling, therefore he wants to sell it first. In big projects, its normally the 4 bhks which the builder wants to get rid of first. 2 and 3 bhks are relatively easier to sell.

Once he manages to sell 1/3 of the flats (in an under construction or finished project), he has funded his entire construction. He can sell the remaining flats at whatever price he wants or he can sit and wait for prices to rise. He won’t tell you this.

“All flats have been sold to investors,you will have to buy from them,there is no flat available directly”

This is nothing but another attempt to make you feel that the flats are in such a huge demand that there are none directly available from him. But dig a little further and ask him for a copy of the registered and stamp duty paid sale agreement of all those investors and you will be told that he doesn’t have anything like that because they have all paid in cash !! So basically he can catch a sweeper and make him appear like an investor cause cash payment has no record. Dont believe any such crap. This is just a trick to make you believe that he has sold all his flats. In most cases, he has not even sold a single flat.
Selling same flats (area-wise) at different prices to different buyers

In India, the real estate market is like the wild-west. There is no regulation as far as listing of prices (unlike any other product which is for sale and has the MRP clearly mentioned on it). Builder is free to price his flats at whatever rates he feels like. Builder is not even required to list the sale price of the flats he has sold on any website or govt portal. No such provision has been made in RERA (the much touted ‘regulation’ of real estate trade in India). Such details are hidden. Even though the builder may claims that he has sold all the flats and that ‘only a few flats are left’, he will never back up these claims via documents and sales agreements cause he does not want to show you at what price he has sold other flats. Opaqueness is the name of the game. Although there exists the Competition Commission of India (which is supposed to investigate such violations / illegal practices ), hardly any investigations take place and we all know why.

The Real Estate market is the cash cow for politicians. They invest heavily via proxy companies and shell companies. It is also heavily funded by policemen. They plough all their ill-gotten wealth into real estate. Their black money funds builders in a big way. They don’t want to let go of this money machine at any cost.Mayur – Sky Properties

One way to find out whether you have been ripped off is to file an RTI with the Registrar of Societies of the district where the project is located and source out all the documents filed for registration of the society. These documents have details of all the flats that were sold and the price which were sold at along with the date the flat was sold on. Don’t be surprised if you find you were ripped off a few extra lakhs than your next door neighbor. But this is much after the flats have been sold and the builder has formed the society. By then it may be too late to save your money. Photo below shows the list that the builder has to file with the registrar of Societies. Take a look..

Typical list of Flat Prices filed with the Registrar of societies

“For carpet area,subtract 33% from the Saleable area (super built up area)”

This is the biggest scam being practiced on gullible buyers. When a builder tells you to assume that loading is just 33%, you can safely assume that the actual loading is almost 50%. You will end up paying a few lakhs more just because of this scam. It is safe to assume that in buildings that have been constructed recently (upto 3-5 years ago), the carpet area is exactly half of the built up area or maybe even upto 40% of the super built-up area. This is the main reason why older buildings are actually cheaper when compared via Carpet Area, since their carpet area is much more.
The technical term for this scam is ‘Loading’.
Please read other sections of our website for detailed explanation of this scam.

PS : With the advent of RERA, this lie has been curbed to a certain extent as the RERA website has the carpet area mentioned. But one should double check this area with the actual area as sometimes the builders give wrong and misleading information to RERA and RERA authorities blindly upload the same on the website. Caveat Emptor.

“You will get the legal papers only after paying the cash component of the deal”

Honest builders should give you a copy of all legal documents like title certificate, Municipal sanctioned plans, sample sale agreement (on blank paper) etc which you should get verified by a lawyer. The lawyer will normally not charge you to look at these papers. Don’t make the mistake of blindly paying the builders in cash. You will never get it back and you will be trapped.

PS : With RERA, this lie has also been curbed to a certain extent, since these disclosures are found on the RERA site…but recently there was a massive scam where some fraudsters forged building permits of the municipal corporation and land documents and got their projects listed on the RERA website. The buyers blindly believed the RERA authorities and booked flats in those projects (more than 55 at the last count) and lost their money. Just another day in Mafia Nation. See full report here

Flat is Vastu Compliant

This is another lie which the gullible liar swallows without a question. The builder does not substantiate his claims in any manner. No Vastu Charts or Autocad Drawings with the Vastu zones clearly marked are shown in the brochures. Simply saying that Entrance is facing the north or kitchen is in XYZ direction is nowhere close to what real Vastu is all about. Real Vastu involves careful plotting of the flat or home in Autocad and then superimposing the detailed direction map on top of the Autocad design to see the actual positions of the rooms and directions. But no builder will tell you all this and they will not show any evidence that their flats are Vastu Compliant. What the builder says is North may not be the accurate north. And even if it is the North direction, the other directions will change depending on the shape of the flat (Square or Rectangular). Any so-called ‘Vastu Expert’ who does not even plot an accurate floorplan of your flat in Autocad is just fooling you.

If any builder claims Vastu Compliance, ask him to send you the DWG file (Autocad file) of the flat and then you can send it to your Vastu consultant for careful verification and analysis. This is the only way for accurate Vastu analysis.

Society formation charges,Parking charges,Development charges.

Basically, you can safely assume that these charges will be taken in cash and no receipt issued as all of these charges are illegal. Builder does not sacrifice any FSI for parking area and hence its free for him. Supreme court has banned sale of parking space. What the builder doesn’t tell you is that he is not only charging for the society formation but also taking money for the conveyance of land and building to the society after its formation. Development charges are also illegal. Society formation charges are a scam as the registration of the society barely costs 5000 rupees and its the builder’s responsibility and expense to form a society as soon as he sells 60% of the flats in his project. Conveyance of land and building to the society is also the builder’s responsibility and expense. He cannot make the end consumer pay for it. If he does, you can take him to the consumer court. Even if he does not form a society or give conveyance, he can be taken to the consumer court. The decision is quick and will always come in favor of the society/flat purchaser.

Remember : A builder is supposed to form a society at his expense as soon as 60% flats are sold…and is supposed to finish the conveyance to the society at his expense within 4 months of formation of the society.

THIS IS THE LAW !!

If the society needs conveyance in a hurry, it can obtain the conveyance at its own expense after sending notice to builder that they are proceeding with deemed conveyance but will take him to court after that and make him liable to reimburse them later, including the court and advocate charges.
Note : To file such a case and claim all the expenses, you must maintain proper receipts and accounts of the money you spend cause court will see all this before awarding compensation to society.
How to Proceed legally against Builders who do not form a society and give conveyance to it :-
Flat buyers (*registered societies) can collectively hire an advocate for Rs 25,000 to 30,000. These charges include drafting and filing the papers in the Consumer Court, attending the hearings, arguments, serving notices and getting the certified copy of the final order of the court and getting a decree from the court to execute its order.
These things must be made clear to the advocate in the beginning of the case in writing and his signature obtained on a piece of paper.
If you neglect this, you cannot pursue a truant advocate.
The Supreme court pays advocates it appoints as amicus curiae (friend of the court), Rs 6,000 at admission stage and Rs 10,000 at final hearing.
So do not think that these charges are ridiculously low. And if you think that these charges are unrealistic, you can click on this link to see the official rate list of advocates in Supreme Court.

Consumer court handles these types of cases day in and day out. Its an open and shut case for them. Its not some super complicated or difficult matter. Approach the consumer court with confidence. The order will come in your favor at a fraction of the cost that you would pay for conveyance and registration yourselves.

Profit Margins of builders (Minimum 150%-200% margin)

When a builder quotes a price to you (per sq foot), you must assume that his construction cost + land cost + interest cost is exactly half of what he is quoting you. This is the bare minimum. An easy way for you to figure out a reasonably accurate figure is to first figure out his land cost. In Navi Mumbai, CIDCO gives prime plots on Tender. And winning bid can be found out via RTI filed with CIDCO. Then you calculate the built up area of the entire structure. This information is available on the RERA site. In Mumbai (Maharashtra) the cost of construction for the best quality construction is Rs 4000 per sq ft (includes everything including fittings and finishing) . This includes everything. If the builder compromises on this, he can cut down the construction cost to Rs 2000 per sq ft. Once you have his land cost and total built up area calculated, you can arrive at a fairly accurate figure of his cost of construction and land cost. Once you figure that out, its simple maths that will tell you how much it cost him to construct your flat. And in most cases you will see that its exactly half of what he is pricing his project at. Sometimes his margin is 200%. If you want you can even calculate the interest cost of his loan (if he has taken one)..cause construction of a Ground + 17 floor structure in Mumbai takes at least 1 year. A builder needs his own source of funds to complete upto 2-3 slabs of construction. After that he funds the rest via funds taken from buyers. If he is short of funds, he will sell a few flats to get some funds and continue construction.
If builder manages to sell 1/3 of the flats via booking during pre-construction or construction stage, he has funded his entire construction. He can relax and sell the rest of flats at any fat price he wishes. You can get max discount from the quoted price (upto 30% discount) during the initial construction phase or pre-construction phase. If he is really short of funds he may even give you a 40% discount … so that his construction can continue.
So basically, for a builder, the main task is to somehow sell 1/3 of his project, even at a discounted rate, to fund the rest of the construction.

This should give you a good starting point to bargain with builders. When any govt dept issues tenders for a certain job, they calculate how much it will cost to complete the job. Then they issue a base price. This base price is calculated at cost + profit margin formula. Whoever bids closest to this price wins the bid.

Negotiate from a position of knowledge and inside information.

PRICE CHART FOR OUR SERVICES

SERVICE CHARGES 

CIDCO Transfer only 15,000
Mortgage NOC only 15,000
CIDCO Transfer + Mortgage NOC 20,000
Only Drafting/Documentation 5,000
Drafting and Registration of Sale Agreement/Sale Deed 10,000
Brokerage (Purchase/Sale transaction) 2%
Brokerage (Rentals) 1 month rent/year
Consultation over Phone/Whatsapp/Zoom/Google Meet 4,000/30 mins
Property Tax Name Transfer 10,000
Water Bill Name Transfer 10,000

Foolproof way to purchase a flat in Navi Mumbai 2024

 

• Identify flat/property you like
• Scrutinize property papers, title documents, municipal permits, flat ownership papers, society status, CIDCO NOCs etc
• Make sure society conveyance has been done (without this, no CIDCO NOC will be possible and without CIDCO NOC no bank will give you a loan). This is not for fresh purchases in a New Project. In a new project, no society is formed until 60% of the flats are sold by the builder.
• Fix Price
• Formulate MOU (Memorandum of Understanding)
• Make Token/Part payment if taking a loan. Take a receipt for the same
• Formulate and register the Agreement for Sale (Sale Agreement) If taking a bank loan
• Apply for CIDCO Transfer/CIDCO NOC
• Obtain CIDCO NOC
• Apply for Mortgage NOC (Only if taking a loan)
• Obtain Mortgage NOC from CIDCO
• Get bank to disburse the loan
• Formulate and register Sale Deed
• Apply to CIDCO for ‘Final Order’
• Submit CIDCO ‘Final Order’ to Society for transfer of name in Share Certificate
• Apply for change in name in Electricity and Gas department records
• Apply for change in Property Tax Records (If applicable). Cost of Transfer is approx Rs 200 per square meter in Navi Mumbai. No Property Tax Transfer can take place without CIDCO Final Order.
• Apply for change in Water Department (If applicable)
• Transaction Complete

Rate list for our services

CIDCO Transfer only	15,000
Mortgage NOC only	15,000
CIDCO Transfer + Mortgage NOC	20,000
Only Drafting/Documentation	5,000
Drafting and Registration of Sale Agreement/Sale Deed	10,000
Brokerage (Purchase/Sale transaction)	2%
Brokerage (Rentals)	1 month rent/year
Consultation over Phone/Whatsapp/Zoom/Google Meet	5,000/30 mins
Property Tax Name Transfer	10,000
Water Bill Name Transfer	10,000

How to get survey of agricultural land done in Maharashtra

 Whenever one decides to purchase a plot of village land (agricultural land) in Maharashtra, he is shown the map of the plot of land with all sorts of markings on it. Most of the times, its a hand drawn sketch with a cursory mention of the scaling ratio or co-ordinates. It also shows the survey number (गट नंबर ) and हिस्सा number of the particular plot along with adjacent hissa numbers (sub division) of a particular Survey (गट) Number.

Gat/Survey Map of Agricultural land in Mahaarashtra

Gat/Survey Map of Agricultural Land in Maharashtra

7/12 or Property Title Card of Agricultural Land

But its impossible to know whether the location, demarcations and measurements shown in the 7/12 are the same on the ground. The only way to make sure of the same are via a Land Survey (मोजणी) application with the Deputy Superintendent of Land Records which exists in every Tehsil in Maharashtra. If its not the Deputy Superintendent of Land records, then it could be the Survey Tehsildar or the Survey Officer working under the Tehsildar (land revenue officer). If information or contact details are not available online, one can get in touch with the Tehsildar’s office and they should guide you appropriately.

Typical Talathi Office in the village

Office of Deputy Inspector of Land Records in Uran 

In this case one needs to submit the following documents in physical form at the Deputy inspector of Land Records or Survey Tehsildar in person :

1. Survey (मोजणी) application along with Rs 5 court fee stamp and passport size photo of land owner (villager). A buyer cannot apply for survey of land. It has to be in the name of the land owner.
2. 7/12 copy (Original and Latest)
3. Survey book map (गट बुक मैप ) (Shown above)
4. Names of owners of adjoining plots along with addresses. These names should be available with the village Talathi.
5. Copy of Adhaar and Pan card (Self attested)

These documents have to be submitted to the Land Survey office in person.

• The Deputy Superintendent will feed the data into the online system and the date of survey will be obtained.
• Land owner must be present on site on the day of the survey.
• The whole process could take a weeks time.
• Charges and Fee for Govt Land Survey (By Tehsil Office)
• For Urgent Survey For Normal Survey Area
• Rs 3000 Rs 1500-2000 Per Acre (40 Gunthas)
• Land Survey Charges in Maharashtra

Nowadays, surveys are also done using drones in some places. So check accordingly.

Private survey companies charge approx. Rs 10,000 for the same and their reports are not accepted as evidence in case of a dispute.
Surveys are faster in dry seasons and take time or may be completely halted during the Monsoons.

CAUTION BEFORE BUYING AGRICULTURAL LAND IN MAHARASHTRA :

If you are being offered a plot at a much cheaper rate than that prevailing in the vicinity, there is a good chance that the plot is involved in some legal issue or the other.

Merely checking 7/12 or getting a survey of a plot done is no guarantee of a clean and clear title. There may still be court cases and litigation on the plot. Uran is notorious for such issues. Farmers over there have sold their plots or signed on agreements with builders and are facing multiple cases in the courts. But they wont tell you this. Even if you check the land records or talathi records, you wont find evidence of any litigation cause they don’t have any mention of court cases.

Stamp duty on Agricultural Land is 4% in Maharashtra

A format of the Village Survey Application Form is given below.

Village land survey application form

Once you sign the sale agreement and register it, you must get fencing done on the plot to prevent encroachment by trespassers…or else the entire exercise will turn fruitless.

Fencing around a plot in Maharashtra

Contact Us

Sky Properties
Sector 19a, Nerul,
Navi Mumbai

9987452642
mayur@navimumbairealestate.org

Correction of errors in Index 2 in Maharashtra

Remember: Index 2 is NOT THE BIBLE ON YOUR PROPERTY !!

Please note that a small error in the Index 2 does not invalidate or raise a question mark over the entire property or transaction. Even a mistake in the address or name of the parties does not affect the property status or the transaction in ANY MANNER !!
Incase there is a mismatch between the data in the Index 2 and the facts mentioned in the written agreement, the facts in the written agreement will take precedence.
A mere error in the Index 2 data does not in any way affect the status or validity of the transaction and such discrepencies are also accepted by the courts.
So just for a mere typographical error you don’t need any correction or rectification deed.
🙏🙏Mayur Panghaal (Legal Head Sky Properties)

It contains important details like registration number, the office where it was registered, the date, time, Ready reckoner value, Details about the property, its area, address, buyer details, seller details etc.

Many a times, mistakes are made in this document while entering the data before registration or during registration (while entering data). This can be due to the error/mistake by the person entering the data in the registration office.

The most common mistake is the date of execution and date of registration…
The execution date is the date on which the document is signed by all the parties to the sale agreement/Sale deed.
The date of Registration is the date on which the parties visit the registration office and register the document, get their photographs taken and thumb imprints taken.

Index 2 explained

Often, even the people at the registration office are unaware of what is to be done once such a mistake has been detected. Even advocates are sometimes unaware of what is to be done. 

Most think that a rectification deed (new document) will have to be made specifying the mistake made in the index 2 and get it registered (just like the previous document). 

For this the parties will have to visit the registration office once again.

All that has to be done is to file a simple application with the registration office (where the document was registered) specifying the mistake made while entering data in the Index 2.

The format of the same in given below.

Index-2-correction-application-blankDownload

The entire process takes 4-6 months as the document is routed first to the District registrars office and then to NIC in Pune for update of records.

NOTE : This is only for correction in the Index 2 and not the agreement copy scanned into govt records. The details written in the agreement should match with what is entered in the Index 2. No changes can be made in the registered agreement except via a Rectification Deed.

Property Tax and Water Bill name change process in Navi Mumbai

Change of name in Property Tax Bill and Water Bill is necessary to bring a full closure to any property/flat/shop purchase in Navi Mumbai (and all over Maharashtra)

The Procedure is handled by different departments of the Revenue Ministry depending on where the flat or Shop or Plot is located.

In Navi Mumbai, this procedure is handled by the Municipal Corporation of Navi Mumbai.

The Property Tax Name change rates in Navi Mumbai are roughly Rs 210 per square meter (Built Up area) for Residential Properties (Flats) for the year 2024.

The Water Bill Name Change is done after the Property Tax Name Change Procedure.
The Charges for the same are Rs 800 for Residential Areas for the year 2024.

The Latest Updated Forms for Property Tax Name Change and Water Bill Name Change are listed below.
Time Taken for each Transfer : 1 month from date of submission.
Property Tax Name Transfer Form 2024

NMMC Property tax transfer formDownload

Water Bill Name Change Form (Navi Mumbai) NMMC 2024

Water-bill-transfer-form-NMMCDownload
Panvel Municipal Corporation Property Tax Transfer Forms
HastantaranFormsDownloadProperty Tax Name Change ReceiptWater Bill Name Change final orderWater Bill Name Change ReceiptProperty Tax Name Change Final Order