Property lawyers in Mumbai for title, society and RERA matters
VIVS Legal is a property law firm serving Mumbai, Thane and Navi Mumbai from our office in Sanpada, in practice since 2010. As property lawyers in Mumbai, we spend most of our time on the paperwork that decides whether a flat can be bought safely. The rest is the disputes that follow when that paperwork was not done.
You can meet an advocate at the office, Monday to Saturday from 9 AM to 6 PM, or consult us by phone, WhatsApp or video call and send the papers by email.
Last updated 6 October 2026 · VIVS Legal, Sanpada, Navi Mumbai
- Law
- Transfer of Property Act 1882, Registration Act 1908, Maharashtra Stamp Act, MOFA 1963, RERA Act 2016, MCS Act 1960, Maharashtra Rent Control Act 1999
- Records checked
- Index II, property card (CTS or C.S. number), society share certificate; 7/12 extract for village land
- Where disputes go
- City Civil Court or Bombay High Court, Small Causes Court, Co-operative Court, MahaRERA, DRT Mumbai
- Stamp duty
- Usually 6% within Mumbai limits (5% plus 1% metro cess); registration fee 1%, capped at Rs 30,000
- How we work
- Meet us in Sanpada, Navi Mumbai, Monday to Saturday 9 AM to 6 PM, or by phone, WhatsApp and video
On this page
- Visit us in Sanpada, Navi Mumbai
- Property matters we handle for Mumbai clients
- Where are property cases in Mumbai filed?
- Step by step: buying a resale flat in Mumbai
- Papers to bring to Sanpada
- How much do property lawyers in Mumbai charge?
- Mistakes to avoid with Mumbai property
- Property lawyers for other cities
Visit us in Sanpada, Navi Mumbai
Our only office is in Sanpada: Office 219, Haware Intelligentia Park, Plot No. 33, Sector-24, Sanpada-Turbhe Road, Navi Mumbai 400783. It is open Monday to Saturday, 9 AM to 6 PM. Clients from the island city, the suburbs, Thane and Navi Mumbai usually come in once, with the papers, and handle the rest by phone, WhatsApp and email. If travel is difficult, a video call works just as well for a first review.
Matters are led by Adv. Swanand Pandit (BLS, LL.B, LL.M, PGDBM, JAIIB; Advocate, High Court of Bombay), with Adv. Ashok Ingle (B.A. LL.B) on documents and follow-up. Call +91 8291849797 or +91 9167710454 to fix a time, so the right person has read your papers before you arrive.
Property matters we handle for Mumbai clients
Mumbai property sits on several layers of records at once. A typical resale flat has a chain of registered agreements, each summarised in an Index II, the sub-registrar's extract of the registration. It also has a share certificate from the co-operative housing society, a building that may or may not have its occupancy certificate, and land shown on a property card at the City Survey Office. That card is filed under a CTS number in the suburbs or a cadastral survey (C.S.) number in the island city. In parts of Thane, Raigad and Palghar, village land is still recorded on the 7/12 extract. Most of what property lawyers in Mumbai do comes back to reading these records together.
- Title search and title certificates before you buy or lend (see title search in Mumbai)
- Agreements for sale, gift and release deeds, drafted or checked before registration
- Leave and licence agreements, which must be registered under Section 55 of the Maharashtra Rent Control Act, 1999
- Suits for possession, injunction, partition and specific performance
- Bank action under SARFAESI against a flat or commercial premises
- Transfer of a flat after the owner's death, through nomination, a will or succession
Housing society and redevelopment disputes
Redevelopment of a society building follows the directions issued under Section 79A of the Maharashtra Co-operative Societies Act, 1960 and, for housing societies, Chapter XIII-B of the Act. The society passes resolutions at a special general body meeting, appoints a project management consultant, invites offers and selects the developer with the required majority. Each member then signs a permanent alternate accommodation agreement (PAAA) with the developer. We check it for carpet area, rent and shifting costs, corpus, the completion period and what happens if the developer does not deliver.
Most disputes between a member and the society go to the Co-operative Court under Section 91 of the Act. Where the builder never conveyed the land to the society, the society can apply to the District Deputy Registrar for deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963. More on co-operative housing society disputes.
MahaRERA complaints against builders
A complaint about a registered project is filed online with MahaRERA under Section 31 of the Real Estate (Regulation and Development) Act, 2016. The usual claims are interest for delayed possession, or a refund with interest, under Section 18. Structural defects reported within five years of possession must be repaired under Section 14(3). Parties can also try the MahaRERA conciliation forum. Unpaid amounts under an order are recovered through the Collector as arrears of land revenue. See RERA complaints and builder disputes.
CIDCO, SRA and MHADA property
Most Navi Mumbai land was allotted by CIDCO on lease. A resale there needs CIDCO's transfer record and, where it applies, a check of any conversion to freehold. SRA and MHADA flats carry their own conditions on resale. Check whether the flat can be sold at all before an agreement is signed.
Where are property cases in Mumbai filed?
It depends on the dispute and where the property is. Suits go to the Bombay City Civil Court or the Bombay High Court, tenancy cases to the Small Causes Court, society disputes to the Co-operative Court and builder claims to MahaRERA.
| Matter | Forum |
|---|---|
| Possession, injunction, specific performance, partition in Mumbai | Bombay City Civil Court, or the Bombay High Court on its original side above the City Civil Court's pecuniary limit |
| The same suits in Thane, Navi Mumbai and Raigad | Civil courts at Thane, Vashi, Belapur and Panvel, by where the property is |
| Tenants and licensees in Mumbai | Court of Small Causes; on expiry of a leave and licence, the Competent Authority under Section 24 of the Maharashtra Rent Control Act |
| Member and society disputes | Co-operative Court; the Deputy Registrar for deemed conveyance and several society matters |
| Builder delay, refund, defects | MahaRERA and the Maharashtra Real Estate Appellate Tribunal, or the consumer commission |
| Bank possession or auction | Debts Recovery Tribunal, Mumbai, under Section 17 of SARFAESI within 45 days |
A property dispute lawyer in Mumbai also has to watch the overlap. A member who is also a buyer from the builder may have a claim before MahaRERA and another before the Co-operative Court, and the two need to be run so they do not contradict each other.
Step by step: buying a resale flat in Mumbai
- Collect the seller's file. The agreement chain with each Index II, the share certificate, the occupancy certificate, and the latest society and property tax bills.
- Run the title search. We search the sub-registrar records, check the property card for the CTS or C.S. number, and look for court cases, society liens and bank charges.
- Get the title report and society NOC. You receive a written report on what is clear and what must be fixed, and the seller obtains the society's no-objection for the transfer.
- Draft the agreement for sale. In Mumbai a flat is usually transferred by a registered agreement for sale on which full stamp duty is paid; a separate sale deed is not usual for society flats.
- Pay stamp duty and book the slot. Duty is paid online through GRAS on the higher of the agreement value and the ready reckoner rate, and the sub-registrar appointment is booked.
- Register the agreement. Buyer and seller, or their attorneys, appear with two witnesses for photographs and thumb impressions, and the Index II is issued.
- Complete the society transfer. Apply to the society with the registered agreement and transfer forms, and have the share certificate and property tax record moved to your name.
This is the order most property lawyers in Mumbai follow for a resale; a new flat from a builder adds the MahaRERA checks above. The step people skip is the last one. Until the society records the transfer, notices, dues demands and redevelopment votes still go to the seller.
Papers to bring to Sanpada
Whichever property advocate in Mumbai you see, the first meeting goes faster with these on the table:
- Every agreement in the chain, with its registration receipt and Index II
- Share certificate and the society's letters or NOC
- Occupancy certificate, or the builder's letter explaining why there is none
- Property card or 7/12 extract, if you have it
- Latest property tax bill, society maintenance bill and electricity bill
- Loan sanction or closure letters
- Any notice, MahaRERA order or court papers already received
- Death certificate, will or nomination form if the owner has died
How much do property lawyers in Mumbai charge?
It depends on the kind of work far more than on the size of the flat. Drafting can be priced in advance. Our published fixed fees include a leave and licence agreement from Rs 2,000 and an agreement to sale with title search report from Rs 18,000.
A title opinion on an old building or a plot takes longer, and we quote after seeing the chain. Court and MahaRERA work depends on the forum, the number of hearings, interim applications and urgency, and we tell you the fee before we start. When you compare property lawyer fees in Mumbai, check whether the quote covers drafting only, or also registration support, follow-up with the society and hearings.
Government charges on top of legal fees
Stamp duty and the registration fee go to the government, not to the lawyer, and they are usually the larger cost. In Mumbai the duty is worked out on the higher of the agreement value and the ready reckoner value, so a low agreement price does not lower it.
Deadlines that cost money if missed
| Situation | Rule |
|---|---|
| Builder's structural defect | Report within five years of possession; repair at no cost under Section 14(3), RERA Act |
| Losing at MahaRERA | Appeal to the Appellate Tribunal within 60 days (Section 44) |
| Bank takes symbolic or physical possession | Apply to the DRT within 45 days (Section 17, SARFAESI Act, 2002) |
| Signed agreement waiting for registration | Present it within four months of execution (Section 23, Registration Act, 1908) |
| Power of attorney signed outside Maharashtra | Stamp it within three months of receipt in the State (Maharashtra Stamp Act) |
Mistakes to avoid with Mumbai property
- An unregistered leave and licence. Under Section 55(2) of the Maharashtra Rent Control Act, if the agreement is not registered, the licensee's version of the terms prevails unless the owner proves otherwise.
- Treating the nominee as the owner. A society nomination lets the society transfer the share, but the heirs' rights still follow the will or succession law.
- Paying before the loan is closed. Pay the seller's bank directly against its closure letter and the release of original papers.
- Signing a PAAA with vague terms. Carpet area, rent, the completion date and a penalty for delay should be in writing and registered.
- Ignoring a CTS mismatch. If the plot number in the agreement does not match the property card, fix it before you pay, not after.
- Buying without an occupancy certificate. Ask why it is missing, and what the society or builder is doing to obtain it.
Property lawyers for other cities
For property elsewhere, we work online from Sanpada with each city's own records and authorities in mind. See the property lawyer India overview, or the Delhi property page for DDA, L&DO and Delhi RERA matters. NRIs who own a Mumbai flat can have the whole transaction handled through a registered power of attorney, as the FAQ below explains.
Frequently Asked Questions
Still have a question?
Speak with our legal team about your matter with clarity and confidence.
Within Mumbai's municipal limits it is usually 6% of the higher of the agreement value and the ready reckoner value: 5% stamp duty plus 1% metro cess. Women buying a home get a 1% concession, subject to conditions. The registration fee is 1%, capped at Rs 30,000. Rates change by notification, so we confirm the figure for your flat before the appointment.
Registration has two kinds of cost. The government's share is the stamp duty and the registration fee, which follow the rates above. The lawyer's share is for checking the title, drafting the agreement and getting the papers ready for the sub-registrar. Our fixed fee for an agreement to sale with a title search report starts from Rs 18,000; work on an older chain is quoted after we see it.
A CTS number identifies a plot in the city survey records of the suburbs; the island city uses cadastral survey (C.S.) numbers instead. The property card for that number, kept by the City Survey Office of the Land Records Department, shows the holder and the entries made over the years. For a flat, the CTS number in the agreement should match the building's plot on the property card.
Only for a valid reason under the Act and its bye-laws, such as incomplete documents or unpaid dues. It cannot hold up a transfer to extract money beyond the permitted transfer premium. If it sits on the application or refuses without reason, the buyer can approach the Deputy Registrar or the Co-operative Court. A clean society NOC before registration avoids most of these fights.
No. The society transfers the share and the flat into the nominee's name, which keeps its own records simple. Ownership within the family is still decided by the will, or by succession law if there is no will, as the Supreme Court held in Indrani Wahi (2016). Other heirs can claim their share from the nominee, by agreement or through the civil court.
On the MahaRERA portal, with the fee and the project's registration number. Attach the agreement for sale, payment receipts, the builder's letters and your own correspondence, and say exactly what you want: a refund with interest, interest for the delay, or repairs. As your MahaRERA complaint lawyer we draft it, file it and appear at the hearings.
Ask to see what you will receive: a sample title report, the list of records they will search and the time they need. Ask who will read your papers and who will attend the sub-registrar or the hearing. And ask for the fee in writing, stage by stage. A real estate lawyer in Mumbai who cannot explain Index II or a property card has not done much of this work.
Yes, through a power of attorney signed abroad, apostilled or attested by the Indian mission, and stamped in Maharashtra within three months of its arrival. The attorney signs and attends registration. Under the FEMA Non-Debt Instruments Rules, 2019, an NRI may buy residential or commercial property, paying through an NRE, NRO or FCNR account or by inward remittance.
Our office is in Sanpada, Navi Mumbai: Office 219, Haware Intelligentia Park, Plot No. 33, Sector-24, Sanpada-Turbhe Road, Navi Mumbai 400783. It is open Monday to Saturday, 9 AM to 6 PM. Clients from Mumbai, Thane and Navi Mumbai usually meet us there; others consult us by phone, WhatsApp or video call.
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