Most property problems in Mumbai sit inside a flat in a housing society, a builder project registered with MahaRERA, or a leave and licence arrangement, rather than open land. This page explains the law and offices that matter for these issues in Mumbai and helps you book a free consultation with an enrolled advocate.
Property documents in Mumbai are registered at the Sub-Registrar offices under the Inspector General of Registration, Maharashtra. Property Lawyers in Mumbai advise on the law, draft the papers and appear for you. Booking a first consultation with an enrolled advocate through Mara Vakil is free.
People in Mumbai usually come to a property advocate with a problem tied to a flat. A buyer has paid a builder in instalments and possession is years late. An old building is going in for redevelopment and members cannot agree on the developer, the extra carpet area or the rent during the transit period. A family member has died and the society will not transfer the flat or the share certificate without papers. A licensor wants a licensee out after the agreement expired, or a licensee wants the deposit back. Others are about to buy a resale flat and want the chain of agreements, the society NOC and the property card checked before paying the token amount. Old tenanted buildings, cessed buildings under MHADA and slum rehabilitation projects add their own layer of disputes.
Several laws work together here. The Real Estate (Regulation and Development) Act, 2016 governs registered projects and is enforced by MahaRERA, while the older Maharashtra Ownership Flats Act, 1963 (MOFA) still matters for conveyance and for older buildings. Housing societies are governed by the Maharashtra Co-operative Societies Act, 1960, which now has a separate chapter for housing societies, and redevelopment decisions are guided by directions issued by the state under Section 79A of that Act. Leave and licence agreements fall under the Maharashtra Rent Control Act, 1999, and Section 55 of that Act requires them to be in writing and registered. Transfer documents must be stamped under the Maharashtra Stamp Act and registered under the Registration Act, 1908. Civil remedies such as declaration, injunction and specific performance come from the Specific Relief Act, 1963 and the Code of Civil Procedure.
Complaints against promoters of registered projects, such as delayed possession, refund with interest or defects, are filed online with MahaRERA, and appeals go to the Maharashtra Real Estate Appellate Tribunal. Disputes between a society and its members, or between members, often go to the Co-operative Court under Section 91 of the Co-operative Societies Act, while applications for deemed conveyance are made to the District Deputy Registrar of Co-operative Societies acting as competent authority. Tenancy and leave and licence disputes in the city are largely heard by the Court of Small Causes. Title suits, partition and injunctions go to the City Civil Court at Fort, and suits above its pecuniary limit go to the Original Side of the Bombay High Court.
Wills relating to property in Mumbai generally need probate or letters of administration from the Bombay High Court before the executor can deal with the flat, because Mumbai is a presidency town. Writ petitions against MHADA, the SRA, the municipal corporation or the society registrar are filed in the Bombay High Court. Documents are registered at the Sub-Registrar offices under IGR Maharashtra, and many leave and licence agreements are registered online through the IGR e-registration system. Society disputes about maintenance charges, parking or non-occupancy charges can also be raised before the Deputy Registrar of Co-operative Societies for the ward, and a member can complain to the registrar where the managing committee does not give inspection of records.
Possession delayed beyond the date in the agreement can lead to a MahaRERA complaint for refund with interest or interest for the delay, depending on what the buyer wants. MahaRERA also hears complaints about changes to the sanctioned plan and failure to form the society.
Checking the general body resolutions, the tender process, the development agreement, the permanent alternate accommodation agreement and transit rent before members sign. Members can ask for copies of the documents before the general body meeting votes.
Drafting and registering agreements, recovering the security deposit, and eviction of licensees who stay on after the term ends. A registered agreement makes eviction and deposit recovery far simpler before the Court of Small Causes.
Property work in Mumbai is specialised, so ask whether the advocate regularly appears before MahaRERA, the Co-operative Court or the Court of Small Causes, depending on your dispute. For redevelopment, a society may also need an advocate who can review development agreements, not only litigate. Ask for the advocate's enrolment number and verify it with the Bar Council of Maharashtra and Goa. Share every document in the flat file, including old agreements and society letters, because gaps in the chain often decide the outcome. Ask for a short written note on the options and the forum before filing.
Agree in writing on what the fee covers, such as a title search, a notice, a MahaRERA complaint or a full suit, and on separate costs like stamp duty, registration charges and court fees. Fees depend on the advocate and the work. Ask for receipts for every payment. If you cannot afford an advocate, free legal aid is available through the Mumbai City and Mumbai Suburban District Legal Services Authorities, and the NALSA helpline 15100 can guide you. On Mara Vakil you describe your property matter free and enrolled advocates who handle Mumbai property work contact you, and Mara Vakil charges clients nothing to find or consult advocates.
On Mara Vakil you describe your matter once and enrolled advocates who handle property matters in Mumbai can accept it and call you. Mara Vakil charges clients nothing to find or consult advocates. Send your matter
If the project is registered with MahaRERA, you can file a complaint with MahaRERA and ask for a refund with interest or interest for the period of delay. Some buyers also approach the consumer commission. Which route suits you depends on the agreement, the project status and what you want, so an advocate should read the agreement first. Keep every payment receipt and letter from the builder, since these prove the dates.
Redevelopment decisions are taken by the general body following the procedure in the state's directions under Section 79A of the Co-operative Societies Act, which require a set majority and a proper process. Members who disagree can raise objections, and disputes may go to the registrar, the Co-operative Court or the High Court. The process followed matters a lot. Members should insist on minutes that record who voted and how.
Yes. Section 55 of the Maharashtra Rent Control Act, 1999 requires leave and licence agreements to be in writing and registered, and the responsibility is placed on the licensor. Registration can be done online through the IGR system. A registered agreement is strong evidence when seeking eviction or recovery of the deposit. Penalties can apply if the agreement is not registered.
Under MOFA, a builder must convey the land and building to the society. Where this has not happened, the society can apply to the District Deputy Registrar of Co-operative Societies, acting as competent authority, for a deemed conveyance. The order and the deed are then registered, and the society's name can be entered in the property records. Many old Mumbai buildings still use this route to secure title.
The society usually first transfers the flat to the nominee, if one exists, but the nominee holds it for the legal heirs. Heirs may need a succession certificate, letters of administration or a release deed among themselves, depending on the facts and the society's requirements. An advocate can suggest the simplest route. Keep the death certificate and heir documents ready early.
Check the full chain of registered agreements, the share certificate, society NOC and dues, the occupancy certificate, the property card and a search at the Sub-Registrar office. Confirm that there is no pending redevelopment dispute, loan or court case. Stamp duty and registration should be paid on the correct value to avoid later issues. Ask for a written title report before paying the full amount.
No. Describing your matter and booking a first consultation with an enrolled advocate is free. Any fee for further work is agreed directly between you and the advocate.
Other help in Mumbai:
Property Lawyer in other cities:
Guide: Property registration process in India
This page gives general information about the law in Mumbai, Maharashtra. It is not legal advice and is not an advertisement or solicitation by any advocate. Laws and court practice change; confirm details with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.
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