Date: 2025-04-28Category: Not ApplicableState: MaharashtraCountry: India
Part VIII, Ext. No. 36, MAHARASHTRA ACT No. XXIII OF 2025. An Act further to amend the Registration Act, 1908, in its application to the State of Maharashtra. Monday, 28th April 2025.
**Executive Summary**
This document is the English translation of the Registration (Maharashtra Amendment) Act, 2023 (Mah. Act No. XXIII of 2025), published on April 28, 2025. It amends the Registration Act, 1908, in its application to the State of Maharashtra, specifying documents that shall be refused for registration and modifies requirements for property descriptions in registered documents. The Act received presidential assent prior to its publication.
**Key Points / Main Content**
* **Short Title:** The Act is called the Registration (Maharashtra Amendment) Act, 2023.
* **Insertion of Section 18A:**
* The Act inserts a new section (18A) after section 18 in the Registration Act, 1908.
* Specifies classes of documents that shall be refused for registration:
* Documents relating to transactions prohibited by any Central or State Act.
* Documents transferring immovable property owned by the Central or State Government or any Authority or undertaking of the Central or State Government or any authority or undertaking constituted or established under any Central Act or State Act, executed by unauthorized persons.
* Documents transferring property that is attached permanently or provisionally by a competent authority under any Central or State Act or any court or tribunal.
* Other documents as prescribed by the State Government via rules.
* Rules made under this section must be laid before each House of the State Legislature.
* **Amendment to Section 21:**
* Amends sub-section (1) of section 21 to require property descriptions to include such papers and documents, as may be prescribed by the State Government by rules made under this Act, sufficient to identify the same.
* Inserts a new sub-section (1A) after sub-section (1) stating that "Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature.".
* **Amendment to Section 22:**
* Amends sub-section (2) of section 22, after "sub-section (1)", by including "and sub-section (1) of section 21".
**Impact Analysis**
**Stakeholder: Individuals/Entities Seeking Property Registration in Maharashtra**
* **Impact:** Certain property transfer documents may now be refused registration based on the new provisions.
* **Action Required:** Ensure that documents comply with the revised requirements, including proper authorization for government property transfers, that the transaction is not prohibited by any Central or State Act, and that attached properties are not being transferred.
**Stakeholder: Registration Authorities in Maharashtra**
* **Impact:** Registration authorities must now refuse registration to documents falling under the specified categories in the amended Act.
* **Action Required:** Implement the provisions of the amended Act, including identifying and refusing registration to documents prohibited by the Act, and adhering to the new rules for property descriptions.
**Stakeholder: Maharashtra State Government**
* **Impact:** The State Government is empowered to prescribe rules regarding document descriptions and other types of documents that will be refused for registration.
* **Action Required:** Formulate and lay down before each House of the State Legislature the necessary rules to implement the new provisions, particularly regarding descriptions of documents.
Key Entities Referenced
Registration Act, 1908: The principal Act being amended by the Maharashtra Amendment Act.
Registration (Maharashtra Amendment) Act, 2023: A Maharashtra Act amending the Registration Act, 1908 in its application to the State of Maharashtra.
State of Maharashtra: The state to which the amendments to the Registration Act, 1908 apply.
Law and Judiciary Department: The department responsible for publishing the act.
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In pursuance of clause (3) of article 348 of the Constitution of India, the following
translation in English of the Registration (Maharashtra Amendment) Act, 2023 (Mah. Act No.
XXIII of 2025), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
Secretary (Legislation) to Government,
Law and Judiciary Department.
MAHARASHTRA ACT No. XXIII OF 2025.
(First published, after having received the assent of the President in the
the “ Maharashtra Government Gazette”, on the 28th April 2025).
An Act further to amend the Registration Act, 1908, in its application
to the State of Maharashtra.
XVI of WHEREAS it is expedient further to amend the Registration Act, 1908,
1908. in its application to the State of Maharashtra, for the purposes hereinafter
appearing; it is hereby enacted in the Seventy-fourth Year of the Republic of
India, as follows :—
1. This Act may be called the Registration (Maharashtra Amendment) Short title.
Act, 2023.
XVI of 2. After section 18 of the Registration Act, 1908, in its application to Insertion of
1908. the State of Maharashtra (hereinafter referred to as “the principal Act”), the new section
18A in XVI of
following section shall be inserted, namely :—
1908.
“ 18A. (1) Notwithstanding anything contained in this Act, the Refusal to
following classes of documents shall be refused for registration, register
certain
namely :—
documents.
(a) the document relating to transaction, which is prohibited
by any Central Act or State Act, for the time being in force ;
(1)
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(b) the document relating to transfer of property by way of
agreement for sale, sale, gift, exchange or lease or otherwise in
respect of any immovable property owned by the Central
Government or State Government or any Authority or undertaking
of the Central Government or State Government or any authority
or undertaking constituted or established under any Central Act or
State Act, for the time being in force, executed by any person other
than those statutorily empowered to do so ;
(c) the document relating to transfer of property by way of
agreement for sale, sale, gift, exchange or permanent alienation or
lease or otherwise pertaining to any immovable property which is
attached permanently or provisionally by any competent authority
under any Central Act or State Act, for the time being in force or
any court or tribunal ;
(d) document of any description as may be prescribed by the
State Government by rules made under this Act.
(2) Every rule made under this section shall be laid as soon as may
be after it is made, before each House of the State Legislature.”.
Amendment 3. In section 21 of the principal Act,—
of section 21
(1) in sub-section (1) for the words “unless it contains a description
of XVI of
1908. of such property sufficient to identify the same.”, the following shall be
substituted, namely :—
“unless it contains such description of the property, and
accompanies with such papers and documents, as may be prescribed
by the State Government by rules made under this Act, sufficient to
identify the same.”;
(2) after sub-section (1), the following sub-section shall be inserted,
namely :—
“(1A) Every rule made under this section shall be laid as soon as
may be after it is made, before each House of the State Legislature.”.
Amendment 4. In section 22 of the principal Act, in sub-section (2), after the words,
of section 22 brackets and figure “sub-section (1)”, the words, brackets and figures “and
of XVI of
sub-section (1) of section 21” shall be inserted.
1908.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.