The World Bank Ease of Doing Business (EoDB) survey ranks the nations on various measures necessary for opening and carrying out business ventures.
Registering Property is one of the important measures among these.
Indicators of this measure include number of procedures required, time taken for registering property (in days), cost as a percentage of property value and quality of land administration index.
The Registration and Stamps Department provides document registration services as per the Registration Act and collects revenue through stamp duty as per the Stamp Act.
The mission of the department is to effectively use modern technology to provide services of document registration and collection of stamp duty to the people using well defined procedures, with right means, in specific time frame and the transparent manner
The main functions performed by the department are:
• Registration and preservation of documents
• Collection of Stamp Duty
e - Governance vision of the Department
Transform the following core functions of the Department by using ICT:
• Registration of documents
• Valuation of properties
• Capturing and preserving copies of registered documents
• Property transactions search report
• Payment of duty and fees
• Information, Education and Communication with citizens
In 2002, computerized SARITA (Stamp and Registration Information Technology Application) system was implemented for registration of documents across the state. In 2012, with an integrated approach, department launched the web based iSARITA application. Under this project, the computers in all Sub Registrar offices across the state were connected to the central server through MPLS VPN connectivity.
ISARITA system is integrated with other online systems like e-Payment (GRAS), Land Records Database (eMutation), AADHAAR etc. Negative property list is also available to sub registrar officers through iSARITA to highlight any prohibitions on the properties.
After successful registration, the registrants receive SMS alerts specifying the SR office where the registration took place and the exact registration fees and stamp duty paid.
Apart from iSARITA, other online application include:
• Online registration (eRegistration) for leave & license and first sale of flats, with integration with Aadhaar for online verification of parties and witnesses
• eSearch for taking online search of documents;
• eASR for knowing area-wise property rates online
• eStepIn (online booking of slot at sub registrar offices);
• Public Data Entry (PDE) portal
• Online payment of stamp duty and registration fees using GRAS (Government Receipt Accounting System),
• eSBTR (e Secure Bank Treasury Receipt),
• Use of DigiLocker for storing registered documents.
Integration of GRAS (Government Receipt Accounting System) with iSARITA was instrumental in allowing all types of payment online at a single point, also enabling sub-registrars to confirm the payment made by party. Sub-Registrars are able to verify the genuineness of the documents to prevent frauds.
Use of iSARITA has resulted in the Sub Registrar offices becoming less crowded, increasing the staff efficiency, transparency and public oriented registration process.
Section 89A: To ensure that statistics of land disputes are maintained in each Registrar Office and Land Revenue Department and available on the website.
The state amendment in the Registration Act has been incorporated as Section 89A, according to which, every court shall send the copies of order or interim order affecting any immovable property and every recovery officer shall send the copies of order or interim order attaching or releasing any immovable property to the concerned Sub Registrar. The Sub Registrar is required to file such copies in his book and prepare Index of such orders. While taking search of the record of registered documents, the intended buyer will have the knowledge of the court orders or recovery proceedings if any related to the immovable property to be purchased. This is the only objective of the said amendment.
Section 89B: Filing notice of intimation regarding equitable mortgage, to provide a clear picture of financial encumbrances on a property
With effect from 1/5/2013, Maharashtra has done state amendment in the Registration Act inserting a new Section 89B which provides that in case of equitable mortgage, the mortgagee (Borrower) has to file Notice of Intimation with the concerned Sub Registrar. From 1/5/2013 almost 9 lakh Notices regarding such mortgages has been filed with the Department and information of these Mortgages is available to public through eSearch.
Integration with PAN database: As per Income Tax Act, the Sub Registrar is empowered to insist for PAN of the transacting parties in case of document of Transfer of immovable property worth Rs. 10 lakh and above only. In iSARITA, there is a field for seeding the PAN of the parties in these cases. But there is no provision for verifying genuineness of the PAN furnished by the parties. Hence Department has initiated with CBDT the process of integration of PAN system and iSARITA System.
Availability of model templates on the IGR website: The required documents and procedure for registration is available on 'www.igrmaharashtra.gov.in' under 'Downloads' section.
Templates available in editable format include:
1. Simple Mortgage
2. Agreement of assignment
3. General Power of Attorney
4. Special Power of Attorney
5. Sale Deed (Agricultural Land)
6. Development Agreement
7. Leave and Licenses Agreement
8. Deed of Assignment
9. Gift Deed
10. Conveyance Deed
Digitization of land transactions: For Mumbai, documents registered in last 30 years have been scanned and available in the eSearch application (https://esearchigr.maharashtra.gov.in/testingesearch/Login.aspx)