Legal Heirship certificate procedure in Maharashtra for 2025

Court Room Judicial Magistrate 1st Class at Belapur

Heirship certificate is necessary when a property owner dies intestate (without making a will). It has to be obtained by immediate family members (father, mother, wife, sister, brother, children, grand children etc.). If some members of the family do not want any share of the property, they will be named as opponents in the Heirship Application.

JURISDICTION

In context of Heirship certificate procedure in Maharashtra :

WHERE TO FILE

Heirship certificate from Tehsildar, talukdar, mamledar, amaldar, mandal adhikari is only for people who live in a Gram panchayat, Municipal Council or Tehsil.
Ordinary citizens who live in Metropolitan areas (Cities with a Municipal Corporation) should not file there.

When someone passes away, their Heirship Certificate can be filed at the appropriate court closest to where they lived at the time of death or where their property or part of their property is located. All properties, no matter where they are located can be included in one application. The local court will then send letters to other courts where other properties are located and obtain verification reports from them.

The application for heirship has to mention the properties and the districts and the district courts they fall under for properties out of the jurisdiction of the local courts.

The application for heirship has to mention the properties and the districts and the district courts they fall under for properties out of the jurisdiction of the local courts.

CIDCO transfer for Navi Mumbai simplified

Here's a detailed overview of CIDCO Transfer Charges in Navi Mumbai, including their significance, the issues of corruption, and the necessary documentation for property transactions.

CIDCO Transfer Charges Overview
Shops
Offices
Flats
Plots

Corruption Issues in CIDCO
Vigilance Department: Located on the 6th floor of CIDCO Bhavan in Belapur, it is alleged to be ineffective against corruption.

Appointment Difficulties: Unlike other municipal officials, securing an appointment with the Managing Director (MD) of CIDCO is notably challenging.

Bribery: While CIDCO officials may not engage in illegal activities for money, they often require payments for legal actions that should be straightforward.
 
Filing an RTI (Right to Information) request is suggested to uncover the truth, but the online RTI portal has reportedly collapsed to avoid transparency.

Transfer Charges Details
Annual Increase: Transfer charges typically increase by 10% each year.
Calculation Basis: Charges are based on the carpet area of the property and its location.
Processing Time: CIDCO claims a processing time of 20 days, but it often extends to 1-2 months due to inefficiencies.

Legal Context
Land Ownership: All land in Navi Mumbai is owned by CIDCO, which operates as a long-term landlord (60-year leases). Any transfer of property requires CIDCO's approval.
Consequences of Non-Payment: If the previous owner has not paid the transfer charges, the new buyer is responsible for settling these charges. Always verify the payment status before purchasing.

Required Documentation
Building Permissions: Completion Certificate (CC), Occupancy Certificate (OC), and Sanctioned Plans from CIDCO/NMMC.
Society Documents: Registration documents and CIDCO conveyance documents.
Approved Member List: CIDCO-approved list of society members.
Final Order from CIDCO: Confirming the society's status.
Mortgage NOC: Required if taking a loan.
NOC from Society: Allowing the bank to repossess and sell the flat.
Court Order: For foreclosure under the SARFAESI Act.
Auction NOC: From CIDCO for selling flats via auction.

Additional Clearances 
Mortgage NOC: If you are financing the purchase through a bank, you will need a Mortgage NOC from CIDCO to proceed with the loan disbursement.

GST on Transfer Charges
The government does not charge GST on registration and stamp duty for property purchases, leading to concerns about the legitimacy of CIDCO's GST application.

Legislative Background

CIDCO Transfer Charges are mandatory for all real estate transactions in Navi Mumbai, including:

Without the payment of these charges, no property transaction is legally valid or complete. It's essential to be aware of this to avoid misinformation.


There are significant concerns regarding corruption within CIDCO, which is perceived to be more severe than in other municipal authorities. Key points include:


Before purchasing property, ensure you have the following documents:

CIDCO has recently started levying GST of 18% on transfer charges, which raises questions since: Prior to 2014, there were no additional taxes on these charges.

Abrogating CIDCO Transfer Charges
CIDCO Transfer Charges are governed by the New Bombay Disposal of Lands Act and the New Bombay Disposal of Land Rules. Any changes to these laws would require legislative action in the Assembly.







Are CIDCO Transfer Charges Abolished?

  • Revenue Generation: CIDCO earns hundreds of crores from these transfer charges, which are used for infrastructure development and staff salaries.
  • Political Promises: Claims of abolishing these charges are often seen as false promises made by politicians who may not fully understand the economic implications.

No, CIDCO Transfer Charges have not been abolished. They are implemented under the New Bombay Disposal of Lands Act and the New Bombay Disposal of Land Rules. To change these laws, legislative action in the Assembly is required.

Here are some key points regarding the charges:

When Are These Charges Payable?
After Registration of the Sale Agreement: This applies to a Part Payment Agreement.
In Case of Full Payment: If the payment is made in one shot (without a bank loan), the charges are payable after the Sale Deed is executed.Eligibility for CIDCO Transfer Charges

Conveyance Requirement: The society must have a Conveyance in its favor and must be listed in CIDCO records.

Lack of Conveyance: More than 90% of societies do not have the necessary conveyance documented in CIDCO records, which can complicate transactions.

Conclusive Document for Society Conveyance
What is the conclusive document which shows Society Conveyance ?Its something called ‘Final Order’, shown below..


Are Transfer Charges Fixed?

No, They increase by 10% every year. So the longer you wait, the more expensive it gets for you


New Corruption Tactics by CIDCO Staff
Demanding Additional Documents:
Officials are requesting physical copies of applications and extra documents beyond what is officially required on the CIDCO website.

These may include:
Share Certificate copy
Society Members List
Copy of Final Order


These demands are illegal.


Absolving CIDCO of Responsibility:

Applicants are required to submit an Indemnity bond, which absolves CIDCO of any liability.
This raises questions about why CIDCO needs these guarantees if they are not taking responsibility.


Frivolous Excuses:

Officials may claim the society is not uploaded.
If your society has a Final Order, it is CIDCO's responsibility to update records.

Requesting Personal Visits:
Applicants are asked to collect the NOC letter in person, citing excuses like "the mail server is down" or "documents were not uploaded."
This tactic aims to identify agents and extract bribes.
Rejected applications result in document deletion, making it difficult to verify if the documents were uploaded.

Handling the Rejection:

If an application is rejected due to "documents not being uploaded," the only recourse is to submit a fresh application.
Visit the CIDCO office promptly the next day to verify the upload status in person.
Request the official to write on the NOC that it was handed over in person because the mail server was down, along with the date, time, and signature. This is unlikely to happen.Online Complaint Portal:
The online complaint submission portal is available for reporting issues. 
However, there is no guarantee of satisfactory resolutions.

Time Limits for Issuing NOCs
CIDCO NOC: 21 Days
Mortgage NOC: 7 Days


Societies Without Conveyance

Conveyance is Mandatory: Conveyance of land and building in the society's name is compulsory for CIDCO Transfer.
Conclusive Proof: The Final Order is the conclusive proof of society conveyance. Without this document, no CIDCO transfer is possible.

Here's a clear overview of the CIDCO Transfer Services we offer, including the pricing and details of the services provided:

CIDCO Transfer Services Overview
Service Pricing
  • CIDCO Transfer: ₹15,000 (all inclusive)
  • Mortgage NOC: ₹15,000
  • CIDCO Transfer + Mortgage NOC: ₹20,000
  • Only Drafting/Documentation: ₹5,000
  • Drafting and Registration of Sale Agreement/Sale Deed: ₹10,000
  • Brokerage:
  • Purchase/Sale transaction: 2%
  • Rentals: 1 month rent/year
Consultation:
  • Over Phone/WhatsApp/Zoom/Google Meet: ₹5,000 for 30 minutes
Payment Options
  • Payments can be made online via Gpay, PhonePe, or UPI.
Documentation Process
  • We only require a copy of the Sale Agreement to prepare the necessary documentation.
  • You can send a scanned copy via email or send it through courier.
Delivery Timeline
  • Documents will be prepared and sent to you via courier within 2 working days.

If you have any further questions or need assistance with the CIDCO Transfer Process, feel free to ask! 😊
Call 9987452642

How to get a survey done on Village Land in Maharashtra

Whenever one decides to purchase a plot of village land (agricultural land) in Maharashtra, he is shown the map of the plot of land with all sorts of markings on it. Most of the times, its a hand drawn sketch with a cursory mention of the scaling ratio or co-ordinates. It also shows the survey number (गट नंबर ) and हिस्सा number of the particular plot along with adjacent hissa numbers (sub division) of a particular Survey (गट) Number.

Office of Superintendent of land records in Uran
Office of the Superintendent of Land Records in Uran, Maharashtra
But its impossible to know whether the location, demarcations and measurements shown in the 7/12 are the same on the ground. The only way to make sure of the same are via a Land Survey (मोजणी) application with the Deputy Superintendent of Land Records which exists in every Tehsil in Maharashtra. If its not the Deputy Superintendent of Land records, then it could be the Survey Tehsildar or the Survey Officer working under the Tehsildar (land revenue officer). If information or contact details are not available online, one can get in touch with the Tehsildar’s office and they should guide you appropriately.
In this case one needs to submit the following documents in physical form at the Deputy inspector of Land Records or Survey Tehsildar in person :
  • Survey (मोजणी) application along with Rs 5 court fee stamp and passport size photo of land owner (villager). A buyer cannot apply for survey of land. It has to be in the name of the land owner.
  • 7/12 copy (Original and Latest)
  • Survey book map (गट बुक मैप ) (Shown above)
  • Names of owners of adjoining plots along with addresses. These names should be available with the village Talathi.
  • Copy of Adhaar and Pan card (Self attested)
These documents have to be submitted to the Land Survey office in person.
The Deputy Superintendent will feed the data into the online system and the date of survey will be obtained.
Land owner must be present on site on the day of the survey.
The whole process could take a weeks time.


Charges and Fee for Govt Land Survey (By Tehsil Office)


For Urgent SurveyFor Normal SurveyArea
Rs 3000Rs 1500-2000Per Acre (40 Gunthas)


Private survey companies charge approx. Rs 10,000 for the same and their reports are not accepted as evidence in case of a dispute.
Surveys are faster in dry seasons and take time or may be completely halted during the Monsoons.
Nowadays, surveys are also done using drones in some places. So check accordingly.

CAUTION BEFORE BUYING AGRICULTURAL LAND IN MAHARASHTRA :


If you are being offered a plot at a much cheaper rate than that prevailing in the vicinity, there is a good chance that the plot is involved in some legal issue or the other or it falls under a zone restriction or is in close proximity to a landfill site. Hazardous land fill sites are not listed in Google for some strange reason. No construction is possible within 500 meters of the fencing of the Hazardous landfill site. 
For example, this site is a hazardous landfill site in Taloja, but its not listed on Google as such. Several attempts to list it and edit the listing has gone in vain.
It may not be far fetched to say that Google is complicit in hiding these sites as powerful union ministers own such sites.

-Mayur Singh

Hazardous landfill site which is unlisted in Google maps

Merely checking 7/12 or getting a survey of a plot done is no guarantee of a clean and clear title. There may still be court cases and litigation on the plot. Uran is notorious for such issues. Farmers over there have sold their plots or signed on agreements with builders and are facing multiple cases in the courts. But they wont tell you this. Even if you check the land records or talathi records, you wont find evidence of any litigation cause they don\’t have any mention of court cases.
Stamp duty on Agricultural Land is 4% in Maharashtra
A format of the Village Survey Application Form is given below

Land survey application form Download

Once you sign the sale agreement and register it, you must get fencing done on the plot to prevent encroachment by trespassers…or else the entire exercise will turn fruitless.
Services Offered by usCharges
CIDCO Transfer only15,000
Mortgage NOC only15,000
CIDCO Transfer + Mortgage NOC20,000
Only Drafting/Documentation5,000
Drafting and Registration of Sale Agreement/Sale Deed10,000
Brokerage (Purchase/Sale transaction)2%
Brokerage (Rentals)1 month rent/year
Consultation over Phone/Whatsapp/Zoom/Google Meet5,000/30 mins
Property Tax Name Transfer10,000
Water Bill Name Transfer10,000
Sky Properties, 
A-1, 7,2,
Sneh Co Op Society,
Plot no 16, Sector 19a,
Nerul,
Navi Mumbai 400706
Call Us 9987452642
mayur@navimumbaiestate.in

Rectification of errors in index 2 of property registration Maharashtra

Here's a simplified explanation of Index 2 and how to handle errors in Maharashtra without a rectification deed

Index 2 Explained (Property Transactions)


Index 2 in Maharashtra Property Transactions:

Index 2 is a summary of your property transaction details in Maharashtra. 

It's important, but not the *be-all-end-all*. Small mistakes (like typos in names or addresses) don't invalidate your property ownership or the transaction.

Are CIDCO Transfer Charges Abolished?


No, CIDCO Transfer Charges have not been abolished. They are implemented under the New Bombay Disposal of Lands Act and the New Bombay Disposal of Land Rules. CIDCO Transfer Charges are governed by the New Bombay Disposal of Lands Act and the New Bombay Disposal of Land Rules. Any changes to these laws would require legislative action in the Assembly.
Here are some key points regarding the charges:


Revenue Generation: CIDCO earns hundreds of crores from these transfer charges, which are used for infrastructure development and staff salaries. Political Promises: Claims of abolishing these charges are often seen as false promises made by politicians who may not fully understand the economic implications.

Here's a detailed overview of CIDCO Transfer Charges in Navi Mumbai, including their significance, the issues of corruption, and the necessary documentation for property transactions.

CIDCO Transfer Charges Overview


CIDCO Transfer Charges are mandatory for all real estate transactions in Navi Mumbai, including:
Shops
Offices
Flats
Plots

Corruption Issues in CIDCO


Vigilance Department: Located on the 6th floor of CIDCO Bhavan in Belapur, it is alleged to be ineffective against corruption.

Appointment Difficulties: Unlike other municipal officials, securing an appointment with the Managing Director (MD) of CIDCO is notably challenging.

Bribery: While CIDCO officials may not engage in illegal activities for money, they often require payments for legal actions that should be straightforward.

RTI: Filing an RTI (Right to Information) request is suggested to uncover the truth, but the online RTI portal has reportedly collapsed to avoid transparency.

Transfer Charges Details


Annual Increase: Transfer charges typically increase by 10% each year.

Calculation Basis: Charges are based on the carpet area of the property and its location.

Processing Time: CIDCO claims a processing time of 20 days, but it often extends to 1-2 months due to inefficiencies.

Legal Context


Land Ownership: All land in Navi Mumbai is owned by CIDCO, which operates as a long-term landlord (60-year leases). Any transfer of property requires CIDCO's approval.

Consequences of Non-Payment: 

If the previous owner has not paid the transfer charges, the new buyer is responsible for settling these charges.
 
Always verify the payment status before purchasing.

Required Documentation

Building Permissions: Completion Certificate (CC), Occupancy Certificate (OC), and Sanctioned Plans from CIDCO/NMMC.
Society Documents: NOC's and Resolutions approving the transfer
Final Order from CIDCO: Confirming the society's status as land owner.
Mortgage NOC: Required if taking a loan.
Court Order: For foreclosure under the SARFAESI Act.(If property is being repossessed and sold by bank)
Auction NOC: From CIDCO for selling flats via auction.

GST on CIDCO Transfer

The government does not charge GST on registration and stamp duty for property purchases, leading to concerns about the legitimacy of CIDCO's GST application.

Prior to 2014, there were no additional taxes on these charges.

Legal Implications


Without the payment of these charges, no property transaction is legally valid or complete. It's essential to be aware of this to avoid misinformation.

There are significant concerns regarding corruption within CIDCO, which is perceived to be more severe than in other municipal authorities. 

When Are These Charges Payable? 

After Registration of the Sale Agreement: This applies to a Part Payment Agreement.
In Case of Full Payment: If the payment is made in one shot (without a bank loan), the charges are payable after the Sale Deed is executed.

Eligibility for CIDCO Transfer Charges

Conveyance Requirement: The society must have a Conveyance in its favor and must be listed in CIDCO records.
Lack of Conveyance: More than 90% of societies do not have the necessary conveyance documented in CIDCO records, which can complicate and terminate transactions.

Conclusive Document for Society Conveyance

What is the conclusive document which shows Society Conveyance ?
Its something called ‘Final Order’, shown below..



Current CIDCO Transfer Charges in Navi Mumbai






New Corruption Tactics by CIDCO Staff

Demanding Additional Documents:
Officials are requesting physical copies of applications and extra documents beyond what is officially required on the CIDCO website.
These may include:
Share Certificate copy
Society Members List
Copy of Final Order
These demands are illegal.


Absolving CIDCO of Responsibility:

Applicants are required to submit an Indemnity bond, which absolves CIDCO of any liability.
This raises questions about why CIDCO needs these guarantees if they are not taking responsibility.

Frivolous Excuses:

Officials may claim the society is not uploaded.
If your society has a Final Order, it is CIDCO's responsibility to update records.

Requesting Personal Visits:

Applicants are asked to collect the NOC letter in person, citing excuses like "the mail server is down" or "documents were not uploaded." This tactic aims to identify agents and extract bribes.
Rejected applications result in document deletion, making it difficult to verify if the documents were uploaded.

Handling the Rejection:

If an application is rejected due to "documents not being uploaded," the only recourse is to submit a fresh application.
Visit the CIDCO office promptly the next day to verify the upload status in person.

Request the official to write on the NOC that it was handed over in person because the mail server was down, along with the date, time, and signature. This is unlikely to happen.

Online Complaint Portal:

The online complaint submission portal is available for reporting issues. However, there is no guarantee of satisfactory resolutions.

Official Time Limits for Issuing NOCs

CIDCO NOC: 21 Days
Mortgage NOC: 7 Days

Societies Without Conveyance

Conveyance is Mandatory: Conveyance of land and building in the society's name is compulsory for CIDCO Transfer.

Conclusive Proof: 

The Final Order is the conclusive proof of society conveyance. Without this document, no CIDCO transfer is possible.

Here's a clear overview of the CIDCO Transfer Services we offer, including the pricing and details of the services provided:

CIDCO Transfer: ₹15,000 (all inclusive)
Mortgage NOC: ₹15,000
CIDCO Transfer + Mortgage NOC: ₹20,000
Only Drafting/Documentation: ₹5,000
Drafting and Registration of Sale Agreement/Sale Deed: ₹10,000
Brokerage: Purchase/Sale transaction: 2%Rentals: 1 month rent/year
Consultation:Over Phone/WhatsApp/Zoom/Google Meet: ₹5,000 for 30 minutes
Payment Options
Payments can be made online via Gpay, PhonePe, or UPI.
Documentation ProcessWe only require a copy of the Sale Agreement to prepare the necessary documentation.You can send a scanned copy via email or send it through courier.
Delivery Timeline
Documents will be prepared and sent to you via courier within 2 working days.

Call 9987452642

If you have any further questions or need assistance with the CIDCO Transfer Process, feel free to ask! 😊

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