Property Law

Overview

The Counsel assists individuals, businesses, and housing societies with all aspects of property law in Maharashtra — from pre-purchase due diligence and title verification through documentation, registration, and dispute resolution.

Property transactions involve significant financial commitment. Proper legal verification before purchase and professionally drafted documentation protects your investment and prevents future disputes. The firm provides thorough title searches, due diligence reports, and drafts all property-related documents.

Services

Title Search & Verification (30 years)

Title Reports

Sale Agreements & Sale Deeds

Development Agreements

Leave & Licence Agreements

Gift Deeds

Conveyance & Deemed Conveyance

CIDCO Transfer Documentation

Partition & Co-ownership Matters

Possession Disputes

Stamp Duty & Registration Advisory

Property Due Diligence

Property Due Diligence — What to Verify Before Buying

Before purchasing any property in Maharashtra, a thorough due diligence exercise is essential. The following checklist covers the key areas that must be verified:

1

Title Chain Verification (Minimum 30 Years)

Examine all title documents for at least 30 years to confirm the seller has clear and marketable title without gaps, adverse claims, or encumbrances.

2

Revenue Records

Verify 7/12 extract (for agricultural/converted land), property card, mutation entries, and city survey records to confirm ownership in revenue records.

3

Encumbrance Search

Search the Sub-Registrar's records to confirm no mortgage, charge, lien, or other encumbrance exists on the property.

4

RERA Registration (New Developments)

For new projects, verify RERA registration and check the project's registered details, completion date, and complaints if any on the MahaRERA portal.

5

Approved Plan, CC & OC

Verify that the structure is built as per sanctioned plans, that a Commencement Certificate was obtained, and that an Occupation Certificate has been issued by the local authority.

6

NA Permission & Land Use

For converted land, verify Non-Agricultural permission, land use zone under the Development Plan, and that the use is permissible.

7

CIDCO / Authority Approvals

For properties in CIDCO areas (Navi Mumbai), verify CIDCO allotment, transfer approvals, and NOCs as applicable.

8

Litigation Search

Search court records to confirm no pending litigation, injunction, or attachment order affects the property.

Prevention is Better than Litigation

Proper due diligence before purchasing property prevents disputes, financial loss, and years of litigation. The cost of legal verification is a fraction of the cost of resolving a title dispute later.

CIDCO Properties — Special Considerations

Properties in Navi Mumbai fall under the jurisdiction of CIDCO (City and Industrial Development Corporation of Maharashtra). CIDCO properties have specific transfer and documentation requirements that differ from regular freehold properties.

CIDCO allotment letter and possession letter verification
CIDCO NOC for transfer of flat or plot
Transfer application and documentation before CIDCO
Lease deed execution and renewal
Premium payment for conversion from lease to ownership
CIDCO society formation approvals

Frequently Asked Questions

What documents should be verified before buying property in Maharashtra?

Key documents include: title documents (sale deeds, gift deeds going back 30 years), 7/12 extract or property card, encumbrance certificate from Sub-Registrar, approved building plan, Commencement Certificate, Occupation Certificate, RERA registration (for new buildings), NOC from relevant authorities (CIDCO, MHADA, SRA as applicable), and a search of court records for pending litigation.

What is stamp duty on property in Maharashtra?

Stamp duty rates in Maharashtra vary by property type and location. For residential properties in urban areas, stamp duty is generally 5% to 6% of the agreement value (or ready reckoner rate, whichever is higher), plus registration fee of 1% (subject to a cap). Rates are revised periodically by the state government. An advocate can provide current applicable rates for your specific property.

What is a title report and why is it needed?

A title report is a legal document prepared by an advocate after examining all title documents, revenue records, and encumbrance searches. It confirms whether the seller has clear and marketable title, identifies any defects or encumbrances, and advises on conditions to be fulfilled before purchase. Banks and financial institutions require a title report before sanctioning a home loan.

What is the CIDCO NOC and when is it required?

CIDCO is the planning and development authority for Navi Mumbai. A CIDCO NOC (No Objection Certificate) is required for transferring or selling properties in CIDCO-developed areas. Without it, the transfer is not recognised by CIDCO. The process involves application with required documents, payment of transfer charges, and obtaining the NOC before executing the sale deed.