The Maharashtra E-Registration and e-Filing Rules, 2013

Introduction

In exercise of the powers conferred by Clause (k) of section 69(1) of the Registration Act, 1908 (16 of 1908) (‘the Act’), the Inspector General of Registration, Maharashtra State, with prior approval of the Government of Maharashtra notified The Maharashtra e-Registration and e-Filing Rules, 2013 (‘rules’) vide notification no. Desk 4/C, R. No. 2698/2013 dated 28-3-2013. The rules came into force from April 1, 2013.

Definitions

In these Rules, unless there is anything repugnant in the subject or context, —

e-Filing means online or electronic filing of notices of intimation of mortgage of property specified in section 89-B of the Act filed through c-Filing module;
e-Filing Module means a software module developed by Inspector General of Registration for filing of notices of intimation of mortgage property specified in section 89-B of the Act, under these Rules;
e-Registration means online or electronic registration of documents;
e-Registration Module means a software module developed by the Inspector General of Registration for registration of documents, under these Rules.
Inspector General of Registration means the inspector General of Registration appointed under section 3 of the Act.

The words and expressions used but not defined herein shall have the same meaning as are respectively assigned to them in the Act and the Information Technology Act, 2000 (21 of 2000).

Rules under e-Filing Rules, 2013

The parties will not be allowed to attach any external file in the body of the document. On completion of the data entry, the document so created will be displayed on the screen. The parties if require may edit the document; at the stage of submission. No editing shall be possible after submission.
For the purposes of e-Registration under these Rules, —
1. Appending of electronic signature or biometric thumb print and capture of digital photo through the software module, shall be mandatory for all executants whenever and wherever necessary; and, appending of electronic signature and capture of digital photo and biometric thumb print of the attesting witnesses through the software module shall be necessary, wherever required by law;
2. PAN Card Number or Unique Identification Number or any other identification or document number regarding each executing party shall be mandatory to prove his identity.
3. The parties may submit their e-mail ids and mobile numbers for correspondence and notifications.
The registration process will not proceed unless all mandatory information is filled in while registering the specific document.
The online submission can be made 24X7 hours, but the time for registration shall be office working hours.
A document may be completed and submitted within 30 days from the next day of first data entry made, if not submitted within 30 days, then fresh data entry must be made. Stamp duty, registration fees and any other charges if already paid, shall be adjusted up to six months from the date of payment.
Every party shall be responsible for cross verification of the identity of the other parties. It shall be always presumed that, the parties appending the signatures are known to each other and have themselves confirmed that, each party has valid authority and right to sign the document. For the purpose of these Rules, it shall always be construed that, appending signature to document shall mean executing, accepting and admitting the document.
For online registration, stamp duty and registration fees shall be paid online to Government of Maharashtra through Government Receipt Accounting System (GRAS) (Virtual Treasury) by electronic transfer of funds or any other mode of payment prescribed by the Government.
While accepting the document for registration the joint Sub-Registrar shall ascertain that, —
1. The document fulfils the conditions, specified under the Act, Rules and orders framed thereunder;
2. The Stamp duty and Registration fees and other charges are duly paid;
3. The registration of the document is not prohibited by any existing law, order of the Court or order of any Competent Authority.
If on scrutiny of document it is found that, there is no prima facieobjection for registration of the document, it shall be registered and made available online for downloading. It may also be forwarded to the e-mail address provided by the parties. And if anything, objectionable if found, the objection will be conveyed on the e-mail address provided by the parties, within the next working day after submission. The parties will then have to comply the objection raised. If the compliance is satisfactory, the document will be registered and conveyed to the parties as provided in the above rules. However, if the parties fail to make a satisfactory compliance within 30 days of raising objection (excluding day on which objection is raised), the e-Registration shall be rejected.
For the purpose of e-Filing of documents under these Rules, —
1. Appending of electronic signature or biometric thumb print and capture of digital photo through the software module, shall be mandatory for the person filing the notice;
2. PAN Card Number or Unique Identification Number or any other identification or document number regarding each executing party shall be mandatory, to prove his identity;
3. The parties may submit their e-mail IDs and mobile numbers for correspondence and notifications.
The person who has filed the notice under section 89-B online shall be solely responsible to prove the correctness of the contents of the notice.
Any Stamp duty or filing fees, if any, shall be paid online only.
The record copies if required shall be available online and may be supplied on request and payment of fees online.
Request for e-Search or record copies of e-Registration or e-Filing shall be made online, through the website of the Stamps and Registration Department. The necessary fees required to be paid shall be paid online, through the Government Receipt Accounting System (GRAS) (Virtual Treasury) or any other mode of payment prescribed by the Government in this behalf. The search and the copies will be made available online only.
The Sub-Registrar at the end of the day shall create an abstract of the documents registered; the Government receipts and put his electronic signature on it, in token of acknowledgement of the same.
Discrepancies, if any, regarding payment of fees, stamp duty or other charges shall always be subject to recovery by the appropriate authority.
All the provisions of the Act, and of the Maharashtra Stamp Act shall apply to the documents registered under these Rules also.
The Stamp Duty or Registration fees for e-registration or e-filing shall be the same as, provided under the Maharashtra Stamp Act and the fee table prescribed under section 78 of the Act, respectively.