Maharashtra Civil Judge (JD) & JMFC study materials
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Maharashtra Civil Judge (JD) & JMFC: Maharashtra State Statutes - Rent Control, Stamp, Court Fees, Registration and Tenancy

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All guide sections

Maharashtra State Statutes - Rent Control, Stamp, Court Fees, Registration and Tenancy

Maharashtra Rent Control Act, 1999

It applies to premises with a monthly rent exceeding the specified limit, except exempt categories; Section 7 lists exemptions (government, public trusts, and certain others). Learn standard rent, permitted increases, recovery of possession on grounds such as non-payment, bona fide need, nuisance, subletting and unauthorised structural alteration, and the limited jurisdiction under the special forum provision. Interim rent during litigation and the bar on civil court jurisdiction are frequent questions.

Stamp Act

Section 3 charges instruments; Section 30 fixes the duty on the person executing or accepting; Section 34 bars an insufficiently stamped instrument from admission until impounded and duty and penalty are paid; Section 36 makes an admitted instrument thereafter admissible; Section 47 fixes the priority of a registered instrument. Deficiency does not render a document void but delays its use.

Court Fees Act

Ad valorem fee follows the subject matter's value; Section 6 caps the fee; excess or inappropriate fee may be refunded or adjusted. Questions test the basis of valuation rather than mere arithmetic.

Registration Act, 1908

Section 17 lists compulsorily registrable documents; Section 18 lists optional ones; Section 49 makes an unregistered but compulsorily registrable document inadmissible as evidence of the transaction, though it may be used for collateral purposes; Section 47 governs priority from the date of execution, not registration.

Tenancy law

Maharashtra Tenancy and Agricultural Lands Act, 1948 protects tenants, confers a purchase right and exempts specified lands; the Mamlatdar and ALT are the forum.

Trap

An unregistered sale deed is not a transfer at all, but an unregistered agreement to sell may still found a claim.