Maharashtra seeks enhanced power for Sub-Registrars

28 Aug 2023 CW Team

A property registration department official explained, "A new Section 18 (a) is being introduced in the existing act to empower sub-registrars to reject the registration of specific documents related to transactions that contravene either central or state regulations." This announcement was made on Saturday.

Furthermore, there is a proposal to revise Section 21 of the Registration Act. This amendment seeks to authorise the state government to establish the necessary regulations for accurately describing the property in registration documents.

These amendments are prompted by instances of breaches in the Maharashtra Real Estate Regulatory Act of 2016 and the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act of 1947, which were detected in certain property documents registered over the past two years. In response, the registration department has instructed all its offices to meticulously review documents for such violations over the preceding two years.

However, amending the act is a protracted procedure. The state has initiated this process, having received approval from the state assembly on July 25 and subsequently from the state council on August 3. The amendments now await the governor's endorsement. Once obtained, the bill will be forwarded to the Union government and the President for final approval. This is because the Registration Act of 1908 falls under central jurisdiction, as highlighted by officials from the registration department.

It's important to note that these amendments exclusively pertain to the state of Maharashtra, as affirmed by another official. Notably, senior officials have pointed out that certain prohibitive provisions concerning property transfers outlined in both state and central legislations need to be adhered to by registration officers. This requirement was previously based on Rule 44 (i) of the registration rules, but this rule was invalidated by the Aurangabad bench of the Bombay High Court. Thus, the state is proposing adjustments to the sections within the Registration Act of 1908.

However, there are opposing voices. The Avdhoot Law Foundation in the state has raised concerns about granting excessive powers to sub-registrars due to the fear of potential corruption. Shrikant Joshi from the foundation expressed, "These powers might be susceptible to misuse by sub-registrars who may lack the qualifications to properly assess such documents."

Notably, the foundation has communicated its reservations to the President, highlighting that the Aurangabad bench of the Bombay High Court has already twice ruled against the state government, invalidating both the circular pertaining to Rule 44 (i) issued by the office and the rule itself. Presently, the matter is pending before the Supreme Court.

The state government has introduced proposed amendments to the Registration Act of 1908, aiming to grant greater authority to sub-registrars in scrutinising documents during the registration process to identify any potential violations of central or state laws.A property registration department official explained, A new Section 18 (a) is being introduced in the existing act to empower sub-registrars to reject the registration of specific documents related to transactions that contravene either central or state regulations. This announcement was made on Saturday.Furthermore, there is a proposal to revise Section 21 of the Registration Act. This amendment seeks to authorise the state government to establish the necessary regulations for accurately describing the property in registration documents.These amendments are prompted by instances of breaches in the Maharashtra Real Estate Regulatory Act of 2016 and the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act of 1947, which were detected in certain property documents registered over the past two years. In response, the registration department has instructed all its offices to meticulously review documents for such violations over the preceding two years.However, amending the act is a protracted procedure. The state has initiated this process, having received approval from the state assembly on July 25 and subsequently from the state council on August 3. The amendments now await the governor's endorsement. Once obtained, the bill will be forwarded to the Union government and the President for final approval. This is because the Registration Act of 1908 falls under central jurisdiction, as highlighted by officials from the registration department.It's important to note that these amendments exclusively pertain to the state of Maharashtra, as affirmed by another official. Notably, senior officials have pointed out that certain prohibitive provisions concerning property transfers outlined in both state and central legislations need to be adhered to by registration officers. This requirement was previously based on Rule 44 (i) of the registration rules, but this rule was invalidated by the Aurangabad bench of the Bombay High Court. Thus, the state is proposing adjustments to the sections within the Registration Act of 1908.However, there are opposing voices. The Avdhoot Law Foundation in the state has raised concerns about granting excessive powers to sub-registrars due to the fear of potential corruption. Shrikant Joshi from the foundation expressed, These powers might be susceptible to misuse by sub-registrars who may lack the qualifications to properly assess such documents.Notably, the foundation has communicated its reservations to the President, highlighting that the Aurangabad bench of the Bombay High Court has already twice ruled against the state government, invalidating both the circular pertaining to Rule 44 (i) issued by the office and the rule itself. Presently, the matter is pending before the Supreme Court.