Maharashtra lets sub-registrars refuse to register flats lacking approvals or exceeding sanctioned area
A revenue department circular issued on October 12 empowers sub-registrars across the state to refuse registration where permissions are missing or the stated area exceeds the approved plan.
Nagpur: To stop fraudulent property transactions and protect homebuyers from illegal construction, the Maharashtra government has given sub-registrars a new power. If the required permissions and supporting documents are missing, or if the area recorded for a flat exceeds the limit in the approved building plan, sub-registrars can now refuse to register the document.
The strict directions were issued through a revenue department circular on October 12. They apply across the state to first-sale agreements, sale deeds, apartment deeds and transfer documents relating to units in construction projects.
The move follows complaints that buildings are being constructed without the necessary permission and that flats are being sold with an area larger than that approved by the competent authority. This leaves buyers facing financial losses and legal complications.
The decision was taken after a meeting held on September 22, 2026, chaired by Revenue Minister Chandrashekhar Bawankule. The meeting was called to discuss irregularities in property transactions and to tighten the registration process.
The new circular includes recommendations from the registration department that were sent to strengthen document verification after the Mundhwa land scam.
Rajendra Muthe, joint inspector general of registration, said the new directions broadly match the department's proposals to prevent fraudulent registrations. "Earlier, sub-registrars could not refuse to register a document. Now, with this circular, they can examine documents and refuse registration. These checks are necessary to stop fraud," Muthe said.
Under the directions, if required records are absent or irregularities are found, registration officers must verify the prescribed permissions and supporting documents instead of proceeding.
The circular lays down separate conditions for projects that must be registered with the Maharashtra Real Estate Regulatory Authority (MahaRERA) under Section 3 of the Real Estate (Regulation and Development) Act, 2016, and for projects exempt from it.
For projects that must be registered with MahaRERA, the documents must include the authority's registration certificate or the occupancy certificate, and an approved building plan showing the area of the unit concerned.
For projects exempt from MahaRERA registration, the requirements are the construction permission or commencement certificate issued by the competent authority, an approved building plan showing the unit's area, a zone certificate, and a measurement or survey plan.
The aim of these conditions is to establish whether the property has the necessary approvals and whether the unit described in the transaction papers matches the officially approved plan.
A key provision of the circular is that if the area stated in the property document exceeds the area shown in the approved building plan, the sub-registrar must refuse registration. This bar applies even when the other prescribed documents have been submitted. The approved plan thus becomes the key yardstick for checking the size of a flat being sold or transferred.
The move is expected to tighten scrutiny of transactions involving unauthorised construction, errors in flat measurements and sales of area beyond the approved limit.
Activist Joshi welcomed the move, saying that verifying documents is necessary to stop fraudulent registrations and keep registration offices transparent. He also said sub-registrars should enforce the new guidelines strictly.
The circular signals a shift towards stricter scrutiny at the registration stage. Officials are expected to verify the legality of the property and its approved measurements before recording a transaction. For homebuyers, the new conditions underline the need to check the approved building plan, legal permissions and the actual area stated in the sale papers before completing a purchase. The effect of the tightening will depend on how consistently it is enforced in registration offices across Maharashtra.
