Maharashtra Amendment - Igrmaharashtra.gov.in

evenue and Forest Oepadam Kama Road,utatma Rajguru Chowk,antralaya, Mumbai-400ate:- 7 th March,2013.ment,32.Registration(MaharashtmAmendment)Act, 2010(Mah.X of2012),NO.RGN-20l2/C.R.20/M-I- I exercise of the powerssub-section (2) of section 1 of the R gistration (MaharashtraAct, 2010 (MahX of 2012), the ovemment of MaharasInfeITbyappointsthe I" April, 2013 to be thetoforce.By order and in the namGovernor of Maharas~f'/\,ul~~JYOTSNA M. MADEDesk OfficerF~\M_~ MAOFKAR\NOTf'.rl""x

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iIDIr No. MAHENGI2009/35528RNci.MHlMRISouth.34412011.13L1, 1q~I~I~"l'rnR .~fll~I~OI 1WT I"""",,_3!fuR=q~q"""'~~-('By order and in the name or the_IIt 'H.B. PATEL,Sec ' ary to Government,------=:..W an: Judiciary Department.'IMAHARASHTRA ACT No. X OFi~012.published,received thl! asse ;I of the« Maharashtra Gazette ", on t ~ 25th MayAn Act furthe~ to amend the Registration . It, 1908, in itsapplu:ation to the Stale of Makara Ira.16of WHEREAS it is expedient further to amend t~ Registration Act,1908.1908. in it, application to tlie State of Maliarasht, f, for the purposeshereinafter appearing; it is hereby enacted III t e Sixty-first Year.of the Republic of India as follows:-1. (1) This Act may be called the Registr~on (Maharashtra ShortitleAmendment)Act, 2010.=mence-(2) It shall corne into force on such date as the!., tate CJ'Overnmentmentmay, by notification in the Official Gazette, ap lnt.l11'T3ITO-~{';-Z~~~t~~I__In pursuance of dame (3) of article 348 of the Cons 'tution ofIndia, the followingtranslation in English of the Hcgistration (Mahar.a~ tra Amendment) Act, 2010(Maharashtra Act Xo. X of 2012), is hereby publish d under the authority of theGovernor.II

Amend:nent 2. In section 7 of the Registratiolli Act, 1908, in its applicationof~;~~';~ to the State of Maharashtra (hereinaft~r referred to as " the· principalof 1908. Act "), to sub-section 0), the folloWling proviso shall be added,namely:_16 or1908." Provided that, the State GoverflilPentmay, by order publishedin the Official Gazette, specify the Rocumcnts for registration bythe office of the Joint Sub-Registrfr so established. ".Amell~ment 3. In section 17 of the principal Act,itll sub-section (1), after clauseofs~~~ i~(e), the fOllowingclauses shall be ad4~d, namely,:_of 1908."(j) agreement relating to the De~~sit oftitle deeds, where suchdeposit has been made by way of ~curity for the repayment ofa loan or an existing or future deqts ;(g) sale certificate issued by any Mmpetent officer or authorityunder any recovery Act· ;i i(h) irrevocable Power of Attor~. y relating to transfer ofimmovable property in any w J' executed on or afterthe commencement of the Registratio, CMaharashtra Amendment)Act, 2010. " .8~7:~o~;' 4. Section 22A of the principal Ac~,i,shan be deleted.of Act 16of 1908.ofs:~c~Amendment 5. In section 32 of the principal Actf!after the word and figures~~"and 89, ". the words " or when thelldocument is presented byof 1908. electronic means, " shall be inserted.Amendmentofseetion 34 6. In section 34 of the principal A~,-of Act 161908. (a) in sub-section (1), after the ex~ting proviso, the followingofproviso shall be added, namely;_Amendmentof section 35of Ad; 16of 1908." Provided further that, when srieh document is presentedby electronic means, the persona •appearance shall not berequired .. "; .(b) in sub-section (3), after clause (c1:the following proviso shallbe added, namely;-_-I." Provided that, when such J' cument is presented byelectronic means, the enquiry shall I.••.••made in this behalf. ";be done as per the rulesI(c) in sub-section (4), for the word ." proviso to " the words" first proviso to " shall be substitut tl.7. In section 35 of the principal Act ~(a) in sub-s~tion (1), in clause (a),1 ~fter the words" appearpersonally" the words" or through elertronic means, as the casemay be, " shall be inserted ; Ih.of12.!

(b) where such written demand is withdrawn or attachmentof property is lifted or the property sold and sale if; confirmed,send a memorandum indicating that fact and describing thatproperty, as far as may be practicable, in the manner requiredby section to the re,gistering oflicer within the local Emitsof whosethe whole or any part of the immovableproperty to which the written demand is situate, and suchregistering officer shall file a copy of the written demand andthe memorandum in his Book ~o. 1 :Providedthat, where the immovableproperty is situate withinthe local limits of the jurisdiction of more than oneofficer,the procedure specifiedin clauses and (b)section shall be followedin of property within thejurisdiction of each of such89B. (I)by way of aof section 58 of of Property Act, 1882 shall, IVof~ ~f;;:d~~':S~:;:~t:h~e,~d~atic:;~Of:i'of,lo",mc'"t,the t~he~.mortgage,file property; giving a notice details ofintimation ofhis name 1882ofthe mortgagee,under the mortgage, rate of interestdc]poeited, and description ofthesl)ction 21, to· thetheor any partsaid officershall file the sameProvided that, if the property sofalls within thejurisdiction of more than one;the procedurespecified in this i;ub-sectionin resped of theproperty within the jurisdiction of each of such officers,If, the person who has mortgaged the as aforesaidto file a notice within thirty days as sub-section(1) before the registering officer or officers, as the case may he,and enters into any transaction in relation to or affecting theimmovable property which is th8 subject matt8r of the mortgage,with a third party; :;ucha transaction shaHbe void and the t.hirdshall be entitled to refund ofby himtogeth,c,"cith interest at twelve per cent.al:;oto compensation for any damage:;:;uffered bythe transferor.(3) The amount recoverable by such transferee as specifiedinsub-section (2) shall be a charge on the interest of the mortgagor,in the mortgaged property :Provided that, nothing in this section shall· apply to theinstruments of agreement relating to mortgage by deposit of titledeedswhich are duly registered as per the provisions of this Ad.

89C. Any person who failed to file a notice under section 89Bto the registering officeralongw-ithfees, within the period specifiedin that section, shall be punished with imprisonment for a termwhich shall not be less than one year but which may be fora term which may extend to three yoars and shall also beliable to fine.89D. (1) The State Government may, by notification in theOfficial Gazette, make rules for all purposes connected with thefiling of copieRof documents referred to in section 89A or filingofnotices referred to in section 8gB, in the appropriate bookunderthis Act.(2) In particular and without prejudice to the generality of theforegoing powers, such rules may provide for,~the manner in which notices or true copies of documentsbe prepared ; and(b) the manner of fiJ-ingof the notices or true copies.(3) Every rule made under this section shall beas be, after it is made, before each House of Statewhile it is in session for a total period of thirty days,may be comprised in one session or two or moreandin whichboth I~ouses89B