Property Policy
Maharashtra bars registration of property documents linked to unauthorised construction
Maharashtra’s Revenue Department has directed Sub-Registrars across the state to refuse certain property registrations linked to unauthorised construction or flats whose stated area exceeds the sanctioned plan. The circular, dated October 12, 2026, requires checks of approval documents and warns of departmental inquiries for knowingly registering documents in breach of the instructions.
| Issuing department | Maharashtra Revenue Department |
|---|---|
| Circular date | October 12, 2026 |
| Coverage | Across Maharashtra |
| Area check | Registration must be refused if the document states a flat area larger than the sanctioned plan. |
| Possible action | Buildings that cannot be regularised may face demolition proceedings. |
What the circular directs
The Revenue Department’s instructions apply to documents including first-sale agreements, purchase deeds, apartment deeds and transfer deeds for flats in construction projects. The measure follows a meeting on September 22, 2026, chaired by Revenue Minister Chandrashekhar Bawankule.
The government cited complaints involving buildings in non-residential zones, projects lacking required MahaRERA registration and flats sold with areas greater than those shown in approved plans. The circular is reported as Circular No. 2026/Pr.Kr. 367/Mudrank-2.
Documents and area checks
For projects required to register with MahaRERA, reports describe the documents for registration checks as including a MahaRERA registration certificate or an occupancy certificate, together with the sanctioned building plan showing the flat’s area. Projects exempt from MahaRERA registration are reported to require permission or a commencement certificate from the competent authority, the sanctioned plan, a zone certificate and a measurement or survey map.
Sub-Registrars must refuse registration if the area stated in a property document exceeds the area in the sanctioned plan, even if other required papers have been submitted. The Revenue Department has warned that departmental inquiries may follow where a Sub-Registrar knowingly registers documents contrary to the instructions.
Implications for buyers and sellers
The government says the checks are intended to curb unauthorised property sales and protect homebuyers from financial losses. For buyers and sellers, missing approvals or a mismatch between the stated flat area and the sanctioned plan may prevent registration of the transaction.
The circular focuses on registration scrutiny; the reports do not quantify its likely effect on transaction volumes or property prices. A real-estate techno-legal consultant has questioned whether an executive circular can impose a blanket refusal to register documents, arguing that it cannot supersede legislation and rules. That raises a legal question about the scope of the instructions.
Regularisation and next steps
Buildings found to violate the Unified Development Control and Promotion Regulations, development plans or regional plans must first be regularised where eligible. Buildings that cannot be regularised may face demolition proceedings. Sub-Registrars have been directed to implement the checks; no end date or further implementation timetable was reported as of October 15, 2026.
According to reporting on the instructions, the Registration Department’s recommendations for tighter scrutiny were incorporated following the Mundhwa land scam.
Frequently asked questions
When did Maharashtra issue the circular?
The Revenue Department issued it on October 12, 2026.
Where do the registration checks apply?
They apply to Sub-Registrars across Maharashtra.
What happens if a sale document lists a larger flat area than the sanctioned plan?
The Sub-Registrar must refuse registration, even if other required documents are submitted.
What documents are reported for projects required to register with MahaRERA?
Reports describe the checks as covering a MahaRERA registration certificate or an occupancy certificate, along with the sanctioned plan showing the flat’s area.
What may happen to buildings that breach planning rules?
Buildings eligible for regularisation must first follow that process. Buildings that cannot be regularised may face demolition proceedings.
Is the circular’s legal scope settled?
A reported legal objection questions whether an executive circular alone can impose a blanket refusal to register documents. The issue is presented as a legal question.