Filling of RERA/Probate/LOA

The Real Estate Regulatory Authority or RERA is one of the crucial authorities that safeguard the transparency of buyers and sellers in the real estate industry. There was no way to file property cases in a separate tribunal before RERA until the RERA Act was passed in 2016. Homebuyers had the option of filing a complaint with the National Consumer Disputes Redress Commissions (NCDRC) or traditional civil courts, which took a long time to resolve.

Many buyers gained hope after the implementation of RERA since they finally had a distinct authority to address their complaints. Anyone who has invested in a real estate project and has a grievance about it or has a legal stake in it can file a RERA complaint.

Procedure of RERA filing complaint

The property buyer must first send a legal notice to the builder detailing the issue and requesting a prompt resolution. The issue might be a RERA complaint against builder or issues regarding a grant of probate. The standard procedure is to serve a legal notice on the builder, allowing them 30 days to resolve the disagreement.

The initial step is to register a RERA complaintwith the authorised authority or Adjudicating Officer in charge of the property’s jurisdiction. A required charge is paid along with the RERA complaint, which must be lodged in the format prescribed by applicable State Rules. Every state has its own cost. The buyer can also register a RERA complaint online; however, the online method follows the same pattern.

1.How to file complaint in RERA Haryana

Step 1: Carefully read the HRERA (Complaints Filing) Regulations.

Step 2: Go to HRERA Panchkula web portal’s Home Screen and select the Complaint Registration tab- https://haryanarera.gov.in/#.

Step 3: Complete the complaint registration form and follow the system’s prompts.

Step 4: You will receive an online RERA complaint number from the system after submitting the form. For all future correspondence, this RERA complaint number will be utilised.

Step 5: Make a demand draft favouring Haryana Real Estate Regulatory Authority Panchkula, payable at Panchkula bank branch/Online Payment Gateway/ Online Payment Gateway, for the requisite amount of Rs.1000 per complaint plus Rs 10 for every annexure attached to the complaint.

Step 6: Make 5 copies of the Registration Form (Performa-B) after printing it.

Step 7: Separately type out the Detailed Complaint according to the Regulation’s format. Make 5 copies of the comprehensive complaint form and include them with the documentation as per Step 6.

Step 8: Attach to the Complaint a copy of a certificate certifying that a self-signed copy of the complaint has been submitted directly to the Respondent. 

Step 9: Physically present 3 copies of the set to the Authority’s office by hand or by mail at the address, including the Complaint Registration Form and Annexure, Demand Draft of Fees Paid, Detailed Typed Complaint, and Self-declared and signed certificate.

Step 10: Enter the RERA online complaint data to regularly check the complaint’s status- https://haryanarera.gov.in/assistancecontrol/searchcaseopen.

2.RERA Registration requirement

The RERA Act requires promoters to register their real estate projects to sell, advertise, market, book, or purchase them. 

• The promoters must apply for registration to the authority. 
• If the total amount of land intended for development exceeds 500 square metres of the total number of apartments developed does not exceed eight, all phases are exempted.

3.RERA Maharashtra

The Maharashtra government established the Real Estate Regulatory Authority (MahaRERA) on March 8, 2017, to promote and regulate the Maharashtra real estate industry. The RERA Act 2016, which took effect on May 1, 2017, governs MahaRERA, which has its headquarters in Mumbai. 

Maharashtra was one of the first states to implement RERA, becoming one of the first countries to do so. The MahaRERA Act has over 14,000 licensed agents in the state. In Daman and Diu and Dadar and Nagar Haveli, MahaRERA is leading the way in registering enterprises. The RERA act in Maharashtra is based on the following goals:

MahaRERA’s main objectives are:

• To safeguard the interests of clients in the real estate sector
• To establish a technique for quickly resolving disputes.
• To ensure that the sale of a building, site, or apartment is clear and efficient in the real estate sector.
• To establish an Appellate Tribunal to hear appeals against RERA’s directives, decisions, or decrees.

4.RERA registration process for agents

A real estate agent is a person who acts as an intermediary between buyers and builders to expedite transactions and encourage fair practices. All RERA agents are required to register with the relevant state regulatory agencies. The authority will issue the agents a registration number after completing the registration process, which will be valid for 5 years and will be renewed.

The following are the steps in the RERA registration process for an agent:

1) A RERA agent registration form that is filled out.

2) Information on the real estate agent’s business (Name, registered address, enterprise type, i.e. proprietorship, societies, partnership, company, etc.).

3) A genuine copy of the location of the business’s address proof.

4) A genuine copy of the real estate agent’s Pan Card

5.RERA return filing due date

Every developer must file RERA returns to declare the current status of their ongoing project within 45 days from the project approval date. This information includes the original approved plans for their ongoing projects and any changes they made later. They must also provide information on the money generated from allottees, how the funds were spent, and the construction, completion, and delivery timelines, all of which must be confirmed by an Engineer/Architect/Practicing Chartered Accountant. 

Returns to be filed under RERA are commonly referred to as “QUARTERLY PROGRESS REPORTS.” This return or report is required to be submitted every three months for every project registered under RERA during the project’s life cycle. According to section 11(1) of the RERA Act of 2016, the promoter must submit a quarterly update to the Authority at the end of each quarter.

6.RERA Registration Fees

Maharashtra’s RERA registration fees for Different Category of Applicant:

• The cost of registering a project under the MH-RERA is Rs. 10 per square metre. Alternatively, you can pay a minimum of Rs.50,000 and a maximum of Rs.10 lakh.
• The cost of registering as an agent under Maharashtra RERA is Rs. 10,000 for individuals and Rs. 100,000 for businesses.

Fees for RERA registration in Uttar Pradesh:

• In residential apartments or projects in Uttar Pradesh, the fee is Rs 10 per square metre for projects less than 1000 square metres.
• For projects larger than 1000 square metres, the rate is Rs 500 per 100 square metres.
• In the case of commercial projects in Uttar Pradesh, the rate is Rs 20 per square metre for projects under 1000 square metres.
• For projects larger than 1000 square metres, the rate is Rs 1000 per 100 square metres.
• Agent registration under RERA costs Rs 25000 for individuals and Rs 2,50,000 for others.

7.RERA registration number

RERA strives to cut down on project delays and misrepresentation. For that, authorities have made it essential for all builders/developers to register with RERA before beginning a project. RERA’s standardization is intended to protect the interests of both purchasers and developers. 

• If the promoter fails to register, they will be subject to a penalty of up to 10% of the projected project cost. 
• If they do not comply with the State Rera’s directives, directions, or decisions, they will be punished with up to three years in prison or a fine of up to 10% of the project’s estimated cost.

Real estate agents who assist in the sale or purchase of homes must register in advance. For each state or union territory, such agents will be given a single registration number, which must be quoted by the agent in every sale facilitated by them. 

• If a real estate agent fails to register or violates sections 9 (Registration of Real Estate Agents) and 10 (Functions and Duties of a Real Estate Agent), they are subject to a penalty of $10,000 per day that he is in default. 
• This penalty can total up to 5% of the cost of the land, apartment, or building in the real estate project, depending on the circumstances.

The RERA Act makes it mandatory to register a real estate project. To apply for RERA complaint registration, different states have distinct websites. For example, on a web browser, type Maharashtra RERA to register projects in Maharashtra, Delhi RERA to register projects in Delhi, and so on.

The Authority, shall on receipt of the application within six months, may either:

• Grant the applicant registration and issue him a registration number, a Login ID, and a password to access the Authority’s website and fill in the projector’s details.
• If the application does not comply with the Act’s provisions, reject it with reasons in writing.

The RERA complaint registration number of a project would be an alphanumeric number, for example, P52100029559. This can be used for RERA online complaint filing.

8.How to get probate of will in India

Probate is proof of the Will, i.e., evidence that a Will exists and is genuine. 

As defined by the Indian Succession Act of 1925, probate is a copy of the Will with a court seal and permission to handle the testator’s inheritance given to the executor. Probate is a court-granted authority provided to the executor listed in the Will. It is necessary to carry out the deceased’s wishes in the Will. The court has a procedure for obtaining a legal document known as a “Grant of Probate.” This authorisation is required for the executor to administer the Will. It is used to manage the deceased’s property according to the terms of the Will.

A Grant of Letters of Administration (LOA) is a court document that recognizes and empowers the next-of-kin to carry out the Intestate Succession Act’s responsibilities. Before closing accounts or transferring ownership of assets, financial institutions and many other agencies require the grant of Letters of Administration (LOA).

Process of Probate:

The executor files a probate application. The application is filed in a court that has jurisdiction over the property’s location. Depending on the value of the immovable assets, the probate may be awarded by a higher or lower court.

What happens if a person passes away without leaving a Will?

In addition to the application, the applicant must submit the following documents in support of it:

• The fact of the death of the testator
• Time of death
• This is the final Will, and it was properly carried out (a statement to the effect that the testator signed the Will in the presence of two witnesses)
• Executor’s share (who is applying for probate)

Probate is a legal document that is printed on stamp paper. The applicant submits the stamp paper. The stamp paper is worth the same as the required court cost. Following the submission of the application, a notice is sent to the deceased’s next of kin and a public notice for the general public. The notice is sent out to allow people to object to the issuance of probate proceedings to the executor appointed in the Will. Probate service is granted if no objections are submitted. If there are any objections, the application will be disputed. The case is decided based on the evidence presented by the parties.

Limitations on time:

There is no time limit for submitting a probate application. However, any excessive lag must be explained. The procedure of gaining probate necessitates the presence of a legal Will and the existence of certain other papers that prove the claim. It is prudent to take well-timed legal advice.

9.Sample petition for probate of will

(https://www.aaptaxlaw.com/Legal-Formats/petition-for-probate-of-a-will-through-court-section-276-succession-act-download-format.html)

10.Documents required for probate of will 

The documents listed below must be presented along with your application for probate. The submission of these documents is a requirement for verifying Will’s authenticity.

The Will is not only legitimate, but it is also the testator’s most recent Will. The question of whether the Will sought to be probated is the courts frequently consider the testator’s last and final Will: 

• The proof of the testator’s death. (A copy of the deceased’s death certificate).
• Proof that the testator’s Will was lawfully executed in good faith and without compulsion or undue influence.
• In addition to the application, the petitioner must include a blank stamp paper with a value equal to the court fee on which the court will award the probate. 

Following the petition filing in court, the court sends a notification to the deceased’s next of kin. This notice allows the deceased’s heirs and relatives the opportunity to register objections and make claims against the estate. Probate is given immediately if no objections are lodged.

As a declaration, a general public notice is published in the newspaper.

11.Probate of will in India is it compulsory 

• No, it is not always essential to get probate of a Will. It is, however, required when the Will is made by a Hindu, Buddhist, Jain, or Sikh, and 
• when the Will is made in any of the areas subject to the Governor of Bengal’s jurisdiction and within the local civil jurisdiction of the High Courts of Madras and Bombay, or when the Will is made outside but relates to immovable property located in said areas.

Wills written by Mohammedans do not require probate.

An executor or legatee (beneficiary) can only establish their entitlement under a Will in any Court if the Will is probated, according to section 213 of the Indian Succession Act.

12.Probate petition meaning

A probate petition sometimes helps in garnering a probable, although it is not always necessary. The personal representative usually files a copy of the death certificate. Along with it, the will and a probate petition are submitted to the probate court clerk. This provides probate and grant letters testamentary, which authorize them to distribute the estate.

Although the personal representative files the probate petition typically, it can be filed by anybody with a financial stake in the will. A person must establish that they are the executor or vests the property in them before filing a petition for grant of probate or letter of administration.

13.Cost of probate of will in India

You must pay a court fee based on the value of the assets that are the subject of the petition because a high court grants probate. The cost of going to court varies by state. In Maharashtra, the rate ranges from 2% to 7.5%, depending on the slab, with a maximum of Rs 75,000. You must additionally pay the lawyer and court fees in addition to the court charge. The deceased’s inheritance would cover the cost.

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Frequently Asked Questions (FAQ’s)