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
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.
In the context of Heirship certificate procedure in Maharashtra :
WHERE TO FILE
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. The petition has to be filed with the Civil Judge – Junior or Senior Division, depending on the value of the property. 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.
In Maharashtra, if the purchase price of the property to be claimed was less than 5,00,000 (Five Lakh), then the Court Fee is calculated as per the following formula :
Purchase Price of Flat
Court Fee
Minimum Amount
01 to 50,000
2%
1000
50,000 to 2,00,000
4%
6000
2,00,000 to 3,00,000
6%
6000
3,00,000 to 5,00,000
7.5%
5,00,000 and above
75,000
75,000
For properties costing more than Rs 5,00,000 (Five lakh) at the time of purchase by the deceased, there is a flat fee of Rs 75,000 (Max) no matter how many properties and where they are located.
NOTE : Incase the property is under joint ownership and only one owner has expired, then the purchase price of the property will be taken at 50% of the total purchase price and the jurisdiction and court fee will change accordingly. Sometimes the Judge allows depreciation and you can get away with paying Rs 58,000 instead of Rs 75,000. But that\’s a hit or a miss.
COURT FEE PAYMENT SCHEDULE AT THE TIME OF SUBMISSION OF APPLICATION IN COURT
Court fee (stamp) at time of submission : Rs 50 Court fee (stamp) on Vakalatnama : Rs 10
Full Court fee is only payable once your application is approved by the judge...which is much later after your application is submitted and all the checking is over . It is the final step. After the payment of Court fee, your Hiership Certificate is issued.
- Mayur Singh (Sky Properties)
COVERAGE
You can include all properties, wherever they may be located, in one single Heirship Application to the court. The court fee is capped at Rs 75,000…no matter how many properties you include and what the total price of the properties was.
The Documents for submitting application for Heirship are as below :-
Adhaar Card and Pan card of all parties (including the deceased person)
Death Certificate of the deceased person
Society Share Certificate
Electric bill
Copy of Sale Agreement (attested as true copy by Notary)
Valuation report (Obtained from a Chartered accountant or govt registered valuation agent or Sub Registrar office)
Ration Card
APPLICATION SUBMISSION
The Application is typed and submitted in court as a Miscellaneous Application (Civil) category. It is now compulsory to file all applications online via e-filing (version 3.0) website .You must first register yourself and wait for approval. Then you can file the application.
Submitting the application as a miscellaneous application (called petition in court language) along with Court Fee Stamp of Rs 50 (pasted on the back of the front page of the application) (If you are hiring an advocate, you have to paste another Rs 10 court fee stamp on the vakalatnama-appointment letter for advocate)
Affidavits of all parties stating that they are the legal heirs of the deceased person. A sworn document (Notarized by a Notary) that verifies facts concerning a specific issue. In this situation, it identifies the heirs of the decedent and other relevant information as required by law. Any Notary in your area should be able to help you with this.
List of Documents being submitted with the application (Aadhaar, pan, society Share certificate etc.)
Memo of address
Jahirnama (Newspaper notice in 2 local newspapers, plus sticking of notice on the property door and informing residents of the area to come forward with any objection fom anyone within 30 days)
If no objection received after publishing of newspaper notice, a demand letter for payment of Court Fee (as per valuation)
No claim affidavit : This is given by the opponent heir that he does not want any share in the property. This is done at the final stage. Just before the Hiership Certificate is issued by the court.
Payment of Court Fee
Hiership Order is issued by the courts
Jahirnama for Heirship Certificate issued by Court in Navi Mumbai
Notice issued in the Newspapers for Heirship Certificate objections
Notice issued in the Newspapers for Heirship Certificate objections
What happens if objections are received after Newspaper notice is published by courts ?
In this case the court issued a notice to all parties (8 days) and calls for all evidences and parties to present their case before deciding on the matter. The court can either issue the Heirship certificate or refuse to issue it . If the matter seems too complicated, it will suspend the proceedings of issuing the Heirship certificate until the matter is settled as part of a civil suit filed in an appropriate court.
The court will send bailiffs to inquire with people in your community and neighbors to gather information about your background. They will then submit a report to the judge. If you have properties in other districts or cities, the court will also request a report from the local court or magistrate. Once these reports are clear, your application for heirship will be approved.
Copy of Heirship Application made to Court
Heirship Order issued by Court
Once all necessary tasks have been completed, it will be incumbent upon you to fulfill the court fee in the prescribed manner as stipulated by the court. Following this, the Judge shall provide you with the Heirship order that is rightfully yours.
TIME TAKEN
The Entire Procedure should take 4-5 months, if the person/advocate is following up regularly.
First—An heir, executor or administrator, holding the proper certificate, may do all acts and grant all deeds competent to a legal heir, executor or administrator, and may sue and obtain judgment in any Court in that capacity.
Second.—But, as the certificate confers no right to the property, but only indicates the person who, for the time being, is in the legal management thereof, the granting of such certificate shall not finally determine nor injure the rights of any person ; and the certificate shall be annulled by the Sessions/District Court, upon proof that another person has a preferable right.
DOES IT MAKE YOU AN ’OWNER’ OF THE PROPERTIES?
An heirship certificate DOES NOT make you the ”owner” of a property. It just gives someone the confidence to deal with you in matters related to a deceased person’s affairs. It’s like an assurance for that person, so they won’t be held responsible if anything goes wrong.
However, it’s important to note that holding an heirship certificate doesn’t protect you from being sued by other claimants or having the certificate cancelled by a court. If it’s discovered that you were involved in fraud, any money you received for the property may have to be shared or refunded to the rightful heirs. If you don’t comply, the government may sell your property to fulfill the rightful heirs’ claims. To pursue this, the claimant would need to file a case in court.
DIFFERENCE BETWEEN HIERSHIP CERTIFICATE, SUCCESSION CERTIFICATE AND LETTER OF ADMINISTRATION
An HEIRSHIP CERTIFICATE is a legal document granted by the appropriate court to the heirs of a person who has passed away without leaving a will. It is specifically applicable to non-movable assets such as flats, properties, and land owned by the deceased individual. The purpose of this certificate is to establish and validate the rights of the heirs over these immovable properties. The heirship certificate serves as proof of their entitlement and allows them to assert their ownership and make necessary transactions related to those assets.
On the other hand, a SUCCESSION CERTIFICATE is another legal document issued by the court that grants the heirs of a deceased person the authority to inherit and manage their movable assets. Movable assets encompass a wide range of properties and valuables, including bank accounts, shares, money, gold, jewelry, cars, bikes, and other personal belongings. The succession certificate acts as a testament to the legal status of the heirs and authorizes them to access, transfer, or dispose of the movable assets left behind by the deceased individual. It provides the necessary legal framework to ensure a smooth distribution of these assets among the rightful heirs.
In contrast, a LETTER OF ADMINISTRATION is a document granted by the court to an individual named in a will as the executor or administrator (Someone whom the dead person authorised to carry out and fulfill all that is written in the will). It can also be granted to another person when no executor is named in the will or the person named as executor in the will is unwilling or not in a position or dead. This person, named in the Letter of Administration as the Administrator, is entrusted with the responsibility of carrying out the instructions stipulated in the will regarding the distribution of assets.
Unlike the heirship certificate and succession certificate, the letter of administration is applicable when the deceased individual has left a will behind. The named executor or administrator is legally bound to oversee the proper execution of the deceased person\’s wishes as detailed in their will. The letter of administration empowers the executor to manage the estate, handle any financial matters, settle outstanding debts, and distribute the assets to the designated beneficiaries as outlined in the will. It is important to note that the named executor or administrator does not become the owner of the assets mentioned in the will but rather serves as a fiduciary in fulfilling the wishes of the deceased.
These legal documents play a crucial role in the posthumous transfer of assets and help streamline the inheritance process. They provide a clear framework for the distribution and management of both movable and immovable assets in accordance with the law. The issuance of these certificates and the letter of administration helps ensure the rightful transfer of assets to the appropriate beneficiaries, provide legal protection, and prevent potential disputes among the heirs.
SUMMARY
In short : Heirship certificate is like GST number. You don’t need it unless your business turnover per year crosses 40 lakhs … but nobody will deal with you unless you have it. This is the entire gist of the matter 🙃
FOR MUSLIMS (Sunni’s)
In Muslim law, inheritance is determined by Sharia. The shares in the property are divided based on factors such as the number of children, their gender, and the relationship to the deceased. Generally, males receive twice the share of females. A Muslim person can only will up to one-third of their property while they are alive. After their death, Sharia law determines the distribution of the remaining property among the heirs.
Shias have a slightly different ratio for inheritance.
Contact Address
Sky Properties, A-1, 7/2, Sneh Co Op Society,
Plot No 16, Sector 19a, Nerul,
Navi Mumbai, Maharashtra 400706
Email mayur@navimumbairealestate.org
Mobile 9987452642
Real Estate Services Provided by us (Navi Mumbai)
Registration Sale Agreement Sale Deed Stamp Duty Payment CIDCO Transfer Heirship Certificate from Court Agricultural land purchase/sale verification Society Formation Society Conveyance Tripartite Agreement (For Plots) Consultancy Due Diligence
Charges for Services
CIDCO Transfer only 15,000 Mortgage NOC only 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% Brokerage (Rentals) 1 month rent/year Consultation over Phone/Whatsapp/Zoom/Google Meet 5,000/30 mins Property Tax Name Transfer 10,000 Water Bill Name Transfer 10,000
Here's a simplified overview of the process and considerations when purchasing repossessed or foreclosed properties in Navi Mumbai, along with the role of CIDCO and the necessary documentation.
Overview of Buying Repossessed Properties
Purchasing repossessed or foreclosed properties can be enticing due to discounts of 30-40% off market rates. However, buyers must be cautious as these properties often have significant legal issues, including:
Lack of proper building permissions
Missing specific permissions required in Navi Mumbai
CIDCO's Role in Navi Mumbai
Navi Mumbai was developed in the 1970s by CIDCO (City and Industrial Development Corporation), which serves as the planning authority. Key points about CIDCO's involvement include:
Land Acquisition: Villagers were compensated under the land acquisition act and given land for personal sale or development.
Gaothan Expansion Scheme: This scheme allowed for construction under the Sade Barah Takka (12.5%) rule.
Regulatory Framework: CIDCO established rules under the Navi Mumbai Disposal of Lands Act and Navi Mumbai Disposal of Land Rules, which govern the sale of properties that have defaulted on bank loans.
Documents Required for Purchase
Before purchasing a flat, shop, or land, ensure the following documents are in order:
Building Permissions: Obtain from CIDCO/NMMC (Completion Certificate, Occupancy Certificate, Sanctioned Plans).
Society Formation Documents: Ensure the society is registered.
CIDCO Conveyance Documents: Verify the society's conveyance documents.
Approved Member List: Get the CIDCO-approved list of society members.
Final Order from CIDCO: Ensure there is a final order in favor of the society.
Mortgage NOC: Obtain a No Objection Certificate from CIDCO for the defaulting owner.
NOC from Society: Required for the bank to repossess and sell the flat.
Court Order: A District Magistrate Court order for foreclosure under the SARFAESI Act.
Auction NOC: NOC from CIDCO for selling the flats via auction (to be obtained by the bank).
Once these documents are secured, you can participate in the bank's online auction.
Post-Auction Process
Winning the Bid: After winning, the bank issues a Certificate of Sale, confirming your bid and payment.
Registration: This certificate must be registered along with a sale agreement at the Revenue Department. You will need to pay Stamp Duty based on the auction price or the Ready Reckoner Rate (whichever is higher) and registration charges.
CIDCO NOC: After registration, approach CIDCO with all documents to obtain the necessary NOC for the sale. If payment is made in full, CIDCO will issue a final order directly. If a loan is involved, you must obtain a CIDCO NOC for the loan and then apply for the final order after the loan disbursal.
Recent Legal Developments
A recent ruling by the High Court declared that ‘as-is-where-is’ clauses used by banks in property auctions are illegal. This means that if there are any pre-existing legal title issues, the bank cannot avoid responsibility based on this clause. In a notable case, PNB Bank had to refund the entire amount to a buyer due to this ruling.
If you have any further questions or need clarification on any specific points, feel free to ask! 😊
Copies of all documents are given below for reference.
When someone passes away, their Hiership 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.
NOTE : The practice of executing and registering a ‘Release Deed’ and ‘Gift Deed’ by heirs in favor of any person or heir is an inherently defective procedure. You can only ‘Release’ or ‘Gift’ something that is already yours., and the only thing that can settle that is an independent verification by the Courts via Heirship Deed or if there is a Will left by the deceased person which includes the name of the executor (the person who will carry out the wishes listed in the will, as named in the will by the deceased person), via a PROBATE by Courts. After a successful PROBATE by the Courts, a LETTER OF ADMINISTRATION is issued in the name of the EXECUTOR named in the will. If there is no EXECUTOR named in the Will of the deceased person, then the Courts will appoint an ADMINISTRATOR for the assets of the deceased to find out if any legatees, a will or hiers exist. Public notices in Newspapers may be issued to invite claims. ———————————– Remember : No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction. ———————————– Other Type of Letter of Administration : A letter of Administration can be directly granted to the legal heirs of a Hindu, Muslim, Budhist, Sikh, Jain if the decesed died without making a will. But such a letter of Administration can only be granted to a person who is entitled to the property anyways (lineal descendants/legatees i.e. sons, daughters, grandsons, granddaughters etc , tier 1, tier 2 hiers etc) as per inheritance laws.
COST In Maharashtra, if the purchase price of the property to be claimed was less than 5,00,000 (Five Lakh), then the Court Fee is calculated as per the following formula : Purchase Price of FlatCourt FeeMinimum Amount01 to 50,000 2% 1000 50,000 to 2,00,000 4% 6000 2,00,000 to 3,00,000 6% 6000 3,00,000 to 5,00,000 7.5% 5,00,000 and above 75,000 75,000 Court Fee Chart for Heirship Certificate For properties costing more than Rs 5,00,000 (Five lakh) at the time of purchase by the deceased, there is a flat fee of Rs 75,000 (Max) no matter how many properties and where they are located.
NOTE : Incase the property is under joint ownership and only one owner has expired, then the purchase price of the property will be taken at 50% of the total purchase price and the jurisdiction and court fee will change accordingly.
Sometimes the Judge allows depreciation and you can get away with paying Rs 58,000 instead of Rs 75,000. But that’s a hit or a miss. COURT FEE PAYMENT SCHEDULE
Court fee (stamp) at time of submission : Rs 50 Court fee (stamp) on Vakalatnama : Rs 10 *Full Court fee is only payable once your application is approved by the judge...which is much later after your application is submitted and all the checking is over . It is the final step. After the payment of Court fee, your Hiership Certificate is issued. COVERAGE
You can include all properties, wherever they may be located, in one single Heirship Application to the court. The court fee is capped at Rs 75,000…no matter how many properties you include and what the total price of the properties was.
The Documents for submitting application for Heirship are as below :-Adhaar Card and Pan card of all parties (including the deceased person) Death Certificate of the deceased person Society Share Certificate Electric bill Copy of Sale Agreement (attested as true copy by Notary) Valuation report (Obtained from a Chartered accountant or govt registered valuation agent or Sub Registrar office) Ration Card APPLICATION SUBMISSION The Application is typed and submitted in court as a Miscellaneous Application (Civil) category. It is now compulsory to file all applications online via efiling (version 3.0) website . You must first register yourself and wait for approval. Then you can file the application.
You must register on this website firstEfiling website
COURT PROCEDURE : STEPSSubmitting the application as a miscellaneous application (called petition in court language) along with Court Fee Stamp of Rs 50 (pasted on the back of the front page of the application) (If you are hiring an advocate, you have to paste another Rs 10 court fee stamp on the vakalatnama-appointment letter for advocate) Affidavits of all parties stating that they are the legal heirs of the deceased person. A sworn document (Notarized by a Notary) that verifies facts concerning a specific issue. In this situation, it identifies the heirs of the decedent and other relevant information as required by law. Any Notary in your area should be able to help you with this. List of Documents being submitted with the application (Aadhaar, pan, society Share certificate etc.) Memo of address Jahir Notice (Newspaper notice in 2 local newspapers inviting any objections from anyone within 30 days) If no objection received after publishing of newspaper notice, a demand letter for payment of Court Fee (as per valuation) No claim affidavit : This is given by the opponent heir that he does not want any share in the property. This is done at the final stage. Just before the Hiership Certificate is issued by the court. Payment of Court Fee Jahirnama (Heirship order issued by court)Heirship notice issued in newspaper to invite objections if any
What happens if objections are received after Newspaper notice is published by courts ?
In this case the court issued a notice to all parties (8 days) and calls for all evidences and parties to present their case before deciding on the matter. The court can either issue the Heirship certificate or refuse to issue it . If the matter seems too complicated, it will suspend the proceedings of issuing the Heirship certificate until the matter is settled as part of a civil suit filed in an appropriate court.
The court will send bailiffs to inquire with people in your community and neighbors to gather information about your background. They will then submit a report to the judge. If you have properties in other districts or cities, the court will also request a report from the local court or magistrate. Once these reports are clear, your application for heirship will be approved.
Once all necessary tasks have been completed, it will be incumbent upon you to fulfill the court fee in the prescribed manner as stipulated by the court. Following this, the Judge shall provide you with the Heirship order that is rightfully yours.Copy of Heirship certificate issued by Court in Mumbai
TIME TAKEN
The Entire Procedure should take 4-5 months, if the person/advocate is following up regularly. Powers/Rights obtained via Heirship Certificate
First—An heir, executor or administrator, holding the proper certificate, may do all acts and grant all deeds competent to a legal heir, executor or administrator, and may sue and obtain judgment in any Court in that capacity.
Second.—But, as the certificate confers no right to the property, but only indicates the person who, for the time being, is in the legal management thereof, the granting of such certificate shall not finally determine nor injure the rights of any person ; and the certificate shall be annulled by the Sessions/District Court, upon proof that another person has a preferable right.
Third.—An heir, executor or administrator, holding a certificate, shall be accountable for his acts done in that capacity to all persons having an interest in the property, in the same manner as if no certificate had been granted. And that is the reason why the Heirship Certificate holders are supposed to give an inventory of any property they have sold to the court every year. This is done so that the court has an accurate record incase someone files a counterclaim later that you deprived him or cheated him from his share as he/she is also an heir. DOES IT MAKE YOU AN ‘OWNER’ OF THE PROPERTIES?
An heirship certificate DOES NOT make you the “owner” of a property. It just gives someone the confidence to deal with you in matters related to a deceased person’s affairs. It’s like an assurance for that person, so they won’t be held responsible if anything goes wrong.
However, it’s important to note that holding an heirship certificate doesn’t protect you from being sued by other claimants or having the certificate cancelled by a court. If it’s discovered that you were involved in fraud, any money you received for the property may have to be shared or refunded to the rightful heirs. If you don’t comply, the government may sell your property to fulfill the rightful heirs’ claims. To pursue this, the claimant would need to file a case in court.
DIFFERENCE BETWEEN HIERSHIP CERTIFICATE, SUCCESSION CERTIFICATE AND LETTER OF ADMINISTRATION
An HEIRSHIP CERTIFICATE is a legal document granted by the appropriate court to the heirs of a person who has passed away without leaving a will. It is specifically applicable to non-movable assets such as flats, properties, and land owned by the deceased individual. The purpose of this certificate is to establish and validate the rights of the heirs over these immovable properties. The heirship certificate serves as proof of their entitlement and allows them to assert their ownership and make necessary transactions related to those assets.
On the other hand, a SUCCESSION CERTIFICATE is another legal document issued by the court that grants the heirs of a deceased person the authority to inherit and manage their movable assets. Movable assets encompass a wide range of properties and valuables, including bank accounts, shares, money, gold, jewelry, cars, bikes, and other personal belongings. The succession certificate acts as a testament to the legal status of the heirs and authorizes them to access, transfer, or dispose of the movable assets left behind by the deceased individual. It provides the necessary legal framework to ensure a smooth distribution of these assets among the rightful heirs.
In contrast, a LETTER OF ADMINISTRATION is a document granted by the court to an individual named in a will as the executor or administrator (Someone whom the dead person authorised to carry out and fulfill all that is written in the will). It can also be granted to another person when no executor is named in the will or the person named as executor in the will is unwilling or not in a position or dead. This person, named in the Letter of Administration as the Administrator, is entrusted with the responsibility of carrying out the instructions stipulated in the will regarding the distribution of assets.
Unlike the heirship certificate and succession certificate, the letter of administration is applicable when the deceased individual has left a will behind. The named executor or administrator is legally bound to oversee the proper execution of the deceased person’s wishes as detailed in their will. The letter of administration empowers the executor to manage the estate, handle any financial matters, settle outstanding debts, and distribute the assets to the designated beneficiaries as outlined in the will. It is important to note that the named executor or administrator does not become the owner of the assets mentioned in the will but rather serves as a fiduciary in fulfilling the wishes of the deceased.
Other Type of Letter of Administration : A letter of Administration can be directly granted (without probating a will) to the legal heirs of a Hindu, Muslim, Budhist, Sikh, Jain if the decesed died without making a will (Intestate) . But such a letter of Administration can only be granted to a person who is entitled to the property anyways (lineal descendant ie sons, daughters, grandsons, granddaughters etc , tier 1, tier 2 hiers etc) as per inheritance laws.
These legal documents play a crucial role in the posthumous transfer of assets and help streamline the inheritance process. They provide a clear framework for the distribution and management of both movable and immovable assets in accordance with the law. The issuance of these certificates and the letter of administration helps ensure the rightful transfer of assets to the appropriate beneficiaries, provide legal protection, and prevent potential disputes among the heirs. SUMMARY
In short : Heirship certificate is like GST number. You don’t need it unless your business turnover per year crosses 40 lakhs … but nobody will deal with you unless you have it. This is the entire gist of the matter 🙃 FOR MUSLIMS (Sunni’s)
In Muslim law, inheritance is determined by Sharia. The shares in the property are divided based on factors such as the number of children, their gender, and the relationship to the deceased. Generally, males receive twice the share of females. A Muslim person can only will up to one-third of their property while they are alive. After their death, Sharia law determines the distribution of the remaining property among the heirs. Shias have a slightly different ratio for inheritance.
CONTACT US FOR ALL YOUR HEIRSHIP CERTIFICATE REQUIREMENTS IN MUMBAI & NAVI MUMBAI.
NOTE : NO CONSULTANCY CHARGES WILL BE CHARGED FOR HEIRSHIP CERTIFICATE INQUIRIES. WE CANNOT BRING BACK YOUR LOVED ONE’S, BUT WE CAN LESSEN THE BURDEN THAT THEIR DEMISE HAS BROUGHT.🙏
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 the context of Heirship certificate procedure in Maharashtra : Purchase Price of PropertyJurisdictionBelow 5,00,000 (Five Lakhs) Civil Judge (Junior Division) (Lowest court) Above 5,00,000 (Five Lakhs) Civil Judge ( Senior Division) (District/Sessions Court) Heirship application jurisdiction
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.
Premium Row House/Bungalow for sale in Army Colony, Sector 9, Nerul, Navi Mumbai
Currently 4 bhk with servant quarters. Can be demolished and reconstructed with additional FSI into an 7-8 Bedroom bungalow. We can provide existing reference for the same.
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
Heirship notice issued in newspaper to invite objections if any
