Section 9 in Maharashtra Housing (Regulation And Development) Act, 2012
9. Promoter before accepting advance payment of deposit, beyond twenty per cent to enter into agreement and agreement to be registered.
(1)Notwithstanding anything contained in any other law, for the time being in force, a promoter who intends to construct or constructs a block or building of flats all or some of which are taken or to be taken on ownership basis or otherwise, shall, before, he accepts any sum of money as advance payment or deposit exceeding twenty per cent. of the sale price, enter into a written agreement for sale with each of such persons who are to take or have taken such flats, and the agreement shall be registered under the Registration Act, 1908 (hereinafter, in this section, referred to as "the Registration Act") and such agreement shall be in the prescribed form.(2)The agreement to be entered into under sub-section (1) shall contain, inter alia, the particulars as specified in clause (a) of this sub-section and to such agreement there shall be attached the copies of the documents specified in clause (b) thereof,-(a)particulars,-(i)the plans and specifications approved by the local authority and all other approvals required under any law, as applicable;(ii)the date by which the possession of the flat is to be handed over to the purchaser;(iii)the extent of the carpet area of the flat;(iv)the extent of the utility area;(v)the total price of the flat including the proportionate price of the limited common areas and facilities and parking spaces which should be shown separately, to be paid by the purchaser of flat; and the intervals at which instalments thereof may be paid;(vi)allotment of fixed parking space to the flat purchaser:Provided that, no parking spaces shall be allotted in minimum open space;(vii)the nature of the organization to be constituted of the persons who have taken or are to take the flats;(viii)the nature, extent and description of limited common areas and facilities of a building;(ix)the aggregate area of park, garden, recreation ground and playground proposed to be provided for in a lay-out;(x)the nature, extent and description of common areas and amenities and facilities of a layout, if any;(xi)Statement of the use for which the flat is intended and restriction on its use, if any;(xii)percentage of undivided interests in the limited common areas and facilities of the building, pertaining to the flat agreed to be sold;(b)copies of documents,-(i)the certificate by an Attorney-at-law or an Advocate under clause (a) of sub-section (2) of section 3;(ii)Property Card or extract of Village Forms VI or VII and XII or any other relevant revenue record showing the nature of the title of the promoter to the land on which the flats are constructed or are to be constructed;(iii)the plans and specifications of the flats approved by the local authority.(3)Any agreement for sale entered into under sub-section (1) shall be presented, by the promoter or by any other person competent to do so under section 32 of the Registration Act, at the proper registration office for registration within the time allowed under sections 23 to 26 (both inclusive) of the Registration Act and execution thereof shall be admitted before the registering officer by the person executing the document or his representative, assignee or agent as laid down in sections 34 and 35 of the Registration Act also within the time aforesaid:Provided that, on presenting a document for registration, as aforesaid, if the person executing such document or his representative, assignee or agent does not appear before the registering officer and admit the execution of the document, then the registering officer shall cause a summons to be issued under section 36 of the Registration Act, requiring the executants to appear at the registration office, either in person or by duly authorized power of attorney holder, at a time fixed in the summons. If the executants fail to appear in compliance with the summons, the execution of the document shall be deemed to be admitted by them and the registering officer may proceed to register the document accordingly. If the executants appear before the registering officer as required by the summons but deny execution of the document, then the registering officer shall, after giving them a reasonable opportunity of being heard, if satisfied that the document has been executed by them, proceed to register the document accordingly.
