What if a borrower does not file the section 89B notice?

Section 89B(2) says that if the borrower deals with the mortgaged property with a third party without filing the notice within 30 days, the transaction is void. The third party can recover the money with 12% interest and damages. Section 89C provides imprisonment of one to three years and a fine.

Is an e-Search printout enough for a loan file?

No. The e-Search page says its data and documents are for information only, are not certified by the department and are not an ownership certificate. For certified copies, apply to the Sub-Registrar office. Certified copies under section 57 of the Registration Act are admissible to prove the original documents.

Does the 7/12 show a bank loan on farm land?

Yes. The department's FAQ says any liability or loan on the occupant is entered as boja in the other rights column of the 7/12. Banks and societies can enter and remove it through e-Hakk. Removal needs a loan closure certificate, so an open boja means the loan is still recorded.

Do banks pay a different search fee?

Yes. The IGR Table of Fees, Article X, Note 5, charges Land Development Banks and Commercial Banks a uniform search fee of Rs 15 for each application, whatever the number of properties. Other searchers pay Rs 25 per entry or year, with Rs 300 for a computerised search report of up to 12 years.

Does Index-II show every charge on a property?

No. e-Search results do not include powers of attorney or wills. Charges on farm land are recorded on the 7/12, and security interests of banks and financial institutions are recorded with CERSAI. That is why IGR e-Search links to CERSAI and why the land record should be read with the Index-II.

Topic guide

Home Loan Legal Check in Maharashtra

A home-loan legal check in Maharashtra is a review of the title and recorded charges of the property offered as security for a loan. The public records it relies on are mostly online. Registered sale deeds and mortgages appear in Index-II on IGR e-Search, which the Department of Registration and Stamps updates in real time. Charges on farm land (boja) appear in the other rights column of the 7/12, and urban mortgages and releases are mutated on the property card. Security interests created by banks and financial institutions are recorded with CERSAI, which IGR e-Search links to. For a flat in a new project, the MahaRERA register shows the registration, promoter and quarterly updates. Under section 89B of the Registration Act, as applicable in Maharashtra, a borrower who mortgages property by deposit of title deeds must file a notice with the registering officer within 30 days. A buyer can run the same searches before signing.

Definition

Home-loan legal check: A title and encumbrance review of a property before it is mortgaged. It asks who holds the property, how title reached the seller, and which mortgages or charges are recorded in the registration, land record and security interest registers.

When you need it

Before you sign an agreement to buy with a home loan, and before the lender releases money. It matters most for a resale flat or plot where the seller has an existing loan, because the earlier mortgage must be released before the property is clear.

Steps

Run a paid property search on IGR e-Search (esearchigr.maharashtra.gov.in) for the years you need, to list the registered deeds.
Open the Index-II of each deed and build the chain of sales, mortgages, notices of mortgage and releases.
Download the digitally signed 7/12 and 8A, or the property card, and check the charges and pending mutations.
Use the CERSAI link on e-Search to check for security interests created by banks and financial institutions.
For a project flat, check the MahaRERA register, certificate and the abeyance and lapsed lists.
In Mumbai, use the e-Search link to check property tax dues with the Municipal Corporation of Greater Mumbai.
Get certified copies of the key deeds from the Sub-Registrar office.

What you need to search

Property number: survey, gat, CTS, plot or flat number
District, village and Sub-Registrar office
Names of the seller and earlier owners
MahaRERA registration number, for a project flat
Years to be searched

Fees

Paid e-Search: Rs 25 per year searched for a property search, minimum Rs 300; Rs 25 for a search by document number; Rs 100 to download a document.

Home Loan Legal Check fee. Source: esearchigr.maharashtra.gov.in, as of 2026-10-22.

Paid e-Search: Rs 25 per year searched for a property search, minimum Rs 300; Rs 25 for a search by document number; Rs 100 to download a document. (source: https://esearchigr.maharashtra.gov.in/UserGuide.htm, as of 2026-10-22. Verify with sub-registrar.)

How to read it

Lay out the Index-II entries in date order and confirm that each seller was the buyer in the previous sale. Pair every mortgage or notice of mortgage with a later release. Then check that the 7/12 or property card shows the same holder and no open charge, and that CERSAI shows no security interest still in force.

Red flags

A registered mortgage or a section 89B notice with no later release
A charge in the 7/12 other rights column or on the property card
A security interest recorded with CERSAI
The seller is not the buyer in the latest registered sale
The project is in MahaRERA's abeyance, lapsed or revoked lists
Unpaid property tax shown for a Mumbai property

Questions

What if a borrower does not file the section 89B notice?: Section 89B(2) says that if the borrower deals with the mortgaged property with a third party without filing the notice within 30 days, the transaction is void. The third party can recover the money with 12% interest and damages. Section 89C provides imprisonment of one to three years and a fine.
Is an e-Search printout enough for a loan file?: No. The e-Search page says its data and documents are for information only, are not certified by the department and are not an ownership certificate. For certified copies, apply to the Sub-Registrar office. Certified copies under section 57 of the Registration Act are admissible to prove the original documents.
Does the 7/12 show a bank loan on farm land?: Yes. The department's FAQ says any liability or loan on the occupant is entered as boja in the other rights column of the 7/12. Banks and societies can enter and remove it through e-Hakk. Removal needs a loan closure certificate, so an open boja means the loan is still recorded.
Do banks pay a different search fee?: Yes. The IGR Table of Fees, Article X, Note 5, charges Land Development Banks and Commercial Banks a uniform search fee of Rs 15 for each application, whatever the number of properties. Other searchers pay Rs 25 per entry or year, with Rs 300 for a computerised search report of up to 12 years.
Does Index-II show every charge on a property?: No. e-Search results do not include powers of attorney or wills. Charges on farm land are recorded on the 7/12, and security interests of banks and financial institutions are recorded with CERSAI. That is why IGR e-Search links to CERSAI and why the land record should be read with the Index-II.

Sources

IGR Maharashtra e-Search (paid) - Department of Registration and Stamps
Fee source — as of 2026-10-22

Last reviewed 22 Oct 2026 by LawyerDesk Team

Quality check: 9 of 6 required sections filled. General information only, not legal advice.

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