Most disputes in Mumbai property are not about money — they are about a missing document. The legal checklist for buying or renting property in Mumbai that prevents the calls you do not want to take is unglamorous, repetitive, and worth every minute. This is the comprehensive 2026 checklist we walk every buyer and tenant through, covering MahaRERA, title chain, Occupation Certificate, leave-and- licence, stamp duty, society NOC, and the document storage discipline that protects you for years after closing.
5%
Sale stamp duty
0.25%
Rent stamp duty
30+ years
Title chain
₹15K–50K
Title search fee
12 months
Mandatory registration
P51900005370
Cornerstone RERA
For buyers — the checklist before any token money
Five things to verify before any token amount changes hands. Skipping any of these is the single biggest cause of failed deals and post-closing disputes in Mumbai.
- MahaRERA registration — verify the project’s number on maharera.maharashtra.gov.in. Check carpet areas, possession dates, project finances, and any complaints filed. The MahaRERA portal also shows promoter track record.
- Independent title search — engage your own property lawyer (₹15,000 – ₹50,000). Title chain should go back 30+ years showing clear transfer at every step.
- Encumbrance certificate — confirms no liens, mortgages, or pending legal claims on the property. Available from the sub-registrar for ₹500 – ₹1,000.
- Society NOC for sale — the housing society must approve the transfer. Some societies require advance application; ask the seller to initiate.
- Builder’s clearances (under-construction) — verify approvals: commencement certificate, IOD (Intimation of Disapproval clearance), environmental clearances, and BMC plan sanctions.
“Ninety percent of failed deals in Mumbai die at the title- search stage. The buyers who do this work upfront close on time. The buyers who skip it lose token money.”
For buyers — at the time of agreement
The Agreement for Sale is the document that gets registered at the sub-registrar’s office. Read it line by line. Pay particular attention to:
- Carpet area number — must match the MahaRERA-disclosed figure exactly. Any deviation is a red flag.
- Possession date — and the default interest applicable if delayed. Standard is RBI rate + 2%.
- Payment plan — clear schedule, with refund clauses if the project does not complete.
- Parking allocation — specific slot or general allotment? This matters for resale.
- Amenity list — what is committed, what is optional, what is at additional cost.
- Common area definition — for under-construction, ensures no later disputes about access rights.
For buyers — at registration
Registration happens at the sub-registrar (your jurisdiction depends on property location). Stamp duty (≈5% of agreement value) and registration (1%) are paid at this point.
The registered Agreement is delivered within a few weeks; collect the original and store it carefully. Without it, you cannot prove ownership.
For buyers — at possession
The Occupation Certificate is the most important document at possession. Without it, you cannot legally occupy.
- Verify the OC covers your specific floor and unit (especially for projects with phased OC).
- Collect the share certificate from the housing society — your proof of ownership in the society’s books.
- Take the snag-list to the builder for resolution before final possession.
- Verify utility connections (electricity meter, piped gas, water) are in your name.
- Get final “no dues” certificate from the builder.
For tenants — before any deposit
Three checks every Mumbai tenant should complete before paying any deposit:
- Owner verification — confirm the person letting the flat is the actual owner. Ask to see the share certificate and a recent property tax receipt. Match the name to government ID.
- Society NOC for tenancy — the housing society must approve incoming tenants. Without society NOC, you can be asked to vacate even with a registered leave-and-licence.
- Police verification — increasingly required by premium buildings; takes 5 – 7 days. Process can be initiated by the owner or the building’s leasing desk via the Maharashtra Police online portal.
For tenants — at the leave-and-licence
The leave-and-licence is your legal foundation. Three things to get right:
- Registration is mandatory — for any tenancy over 12 months. Stamp duty 0.25% of total rent + ₹1,000 fixed.
- Lock-in period — most owners ask for 6 – 9 month lock-in. Negotiate this if your stay duration is uncertain or if you may need to relocate for work.
- Deposit refund clause — explicit timeline (typically 30 days from vacating), with deductions itemised. Avoid open-ended language about “reasonable wear”.
For more on the renting process, see our complete Worli renting guide.
For tenants — at move-in
Document the flat’s condition. A signed inventory list (with photographs) protects you at move-out:
- Inventory of furniture and white goods, with condition noted.
- Photographs of pre-existing damage (small chips, paint marks, leaks).
- Utility meter readings (electricity, water, gas) at move-in date.
- Copy of the registered leave-and-licence — needed for visa, HRA, and credit applications.
- List of building amenities accessible to tenants (some buildings restrict tenant access to certain amenities).
Stamp duty and registration — the cost summary
| Transaction | Stamp duty | Registration | Concessions |
|---|---|---|---|
| Sale of flat (male buyer) | 5% of value | 1% | — |
| Sale of flat (woman buyer) | 4% of value | 1% | 1% concession |
| Sale (joint, woman + man) | 5% of value | 1% | Some windows |
| Leave-and-licence (rental) | 0.25% of total rent | ₹1,000 fixed | — |
| Gift / family transfer | Concessional rates | Varies | Family-only |
Stamp duty rates change in some years; verify current rates with your lawyer before transacting. For deeper buying-cost context, see our buyer’s guide.
For everyone — ongoing compliance
Throughout your ownership or tenancy:
- Pay property tax / society maintenance on time. Late dues block society NOCs.
- Renew leave-and-licence on time (for tenants); penalties apply for retroactive registration.
- Keep utility bills and tax receipts; you may need them for any future transaction.
- Update KYC with the housing society if your details change.
- For NRIs: comply with FEMA / RBI rules on rental income repatriation.
Common legal mistakes
For NRIs — additional compliance
Non-Resident Indians have additional compliance requirements:
- FEMA compliance — RBI rules on capital flows and property purchase by NRIs.
- NRO/NRE accounts — payment from compliant accounts only.
- TDS — buyer must deduct 1% TDS on payments to NRI sellers above ₹50 lakh.
- Repatriation — limits and conditions on transferring rental income or sale proceeds back overseas.
- Power of Attorney — if not present in India, a properly executed and apostilled PoA is required.
Key Takeaways
- MahaRERA verification is the first step in any Mumbai property purchase.
- Independent title search (₹15K – ₹50K) prevents 90% of failed deals.
- Occupation Certificate is non-negotiable for ready-to-move purchases.
- Leave-and-licence registration is mandatory in Maharashtra for tenancies over 12 months.
- Stamp duty: 5% on sale, 0.25% on rent. Women buyers get up to 1% concession on sale.
- Keep originals of all key documents in a safe deposit locker — losing them is expensive.
Final thought
The legal checklist is the unglamorous part of property transactions in Mumbai, but it is the part that prevents most disputes. For buyers and tenants at Cornerstone Worli, our team coordinates the full checklist as part of every transaction — sale, lease, or flatmate. Ready-to-move with MahaRERA P51900005370, OC received, society in good standing. Speak to salesfor a buyer’s walk-through, or browse rentals.
For wider context, see our Worli buying guide and renting guide.