What if home sale agreements are registered illegally?
Recently, 10,561 registered agreements in Maharashtra were found violative of RERA Act and MH Prevention of Fragmentation and Consolidation of Holdings Act and in total 44 officers from Sub Registrar Office are facing the heat.
The violation ranges on wide issues - non-registration of Project with MahaRERA, incomplete prior approval from various authorities/Govt. and whether land is separately parcelled into fragments before being sold.
The Govt. of MH, specifically the Revenue Ministry, is yet to take a call on these 10,651 agreements and subsequently, a policy may be formed. But the Courts have clear stand that the agreements violative of Law of Land are void (not valid), but policy intervention can come to the rescue to all the buyers, respite specially for those who have paid major chunks of consideration.
MahaRERA and IGR dept. were already holding meetings to integrate their data. Consequently to this episode, this integration will get a strong push to prevent any fiasco regarding violation of RERA. This integration is expected to come into effect in two months’ time and consequently MahaRERA registration no. will be reflected in survey no. column enabling buyers & officers to know the registration validity of respective Projects.
How can Buyers escape unscathed from such fiasco?
Check validity of the Project’s registration. If due to expire, ask whether applied for extension.
Check Quarterly updates about all the information and document on MahaRERA.
If any sanctioned plan is revised, ask for status of revision application made to MahaRERA.
Looking for more such advice? Or, RERA consultation on your new home? Contact us today!
The information relayed in this blog should not be construed as legal advice. The applicability of information varies on the basis of the circumstances of each case. But feel free to call us for similar advice.
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