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 Promoters prevent any such fiasco?
Check validity of the Project’s registration. If due to expire, can go for extension
Quarterly update all the information and document mandated by MahaRERA and RERA Act.
If any sanctioned plan is revised, go for revision application to MahaRERA.
Looking for more such advice? Or, seeking RERA consultation for your project, want to register your project or comply RERA by quarterly updating your project? 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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