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

1. 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.
2. The registration process will not proceed unless all mandatory information is filled in while registering the specific document.
3. The online submission can be made 24 x 7 hours, but the time for registration shall be office working hours.
4. 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.
5. 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.
6. 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.
7. 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.
8. If on scrutiny of document it is found that, there is no prima facie objection 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. 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 with 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.
9. 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 and Unique Identification Number (Aadhaar) 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.
10. 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.
11. Any stamp duty or filing fees, if any, shall be paid online only.
12. The record copies if required shall be available online and may be supplied on request and payment of fees online.
13. 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.
14. 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.
15. Discrepancies, if any, regarding payment of fees, stamp duty or other charges shall always be subject to recovery by the appropriate authority.
16. All the provisions of the Act, and of the Maharashtra Stamp Act shall apply to the documents registered under these Rules also.
17. 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.