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.
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 required 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, –
- 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;
- 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.
- The parties may submit their e-mail IDSand 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 24 x 7 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, –
- The document fulfils the conditions, specified under the Act, Rules and
orders framed thereunder;
- The stamp duty and Registration fees and other charges are duly paid;
- 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 is 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, –
- 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;
- 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;
- 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.
Back to Top
|