Guide

Redevelopment Document Checklist for Mumbai Housing Societies

Four printable checklists — title and society papers, tender-stage documents, stage-wise records, and DA plus PAAA registration — so your society keeps a complete, dispute-proof file.

Every Mumbai housing-society redevelopment stands or falls on paperwork. Before your society invites a single developer, it should have four document sets ready: (1) title and society documents that prove who owns the land and who the members are; (2) tender-stage documents that let developers bid on equal terms; (3) stage-wise records collected from feasibility right through to possession; and (4) the documents needed to register the development agreement (DA) and each member's Permanent Alternate Accommodation Agreement (PAAA). This guide gives you all four as printable checklists, and flags which papers matter for conveyance under Section 11 of the Maharashtra Ownership Flats Act (MOFA), 1963 and which relate to MahaRERA.

Print, tick, file. Keep one master binder with a copy of every document below, and give each managing-committee member a photocopy of the index. When members can see the file is complete, meetings move faster and disputes shrink.

Why a complete document file matters

Redevelopment is governed by several laws at once. The Section 79A directive dated 4 July 2019 (No. SGY-2018-PK 85-14-S) sets out how a society must run the whole process — from the requisition by not less than one-fifth of members, to a Special General Body Meeting (SGBM) with a quorum of two-thirds of total membership, to approval by not less than 51% of total membership strength. That directive also requires the development agreement and each member's PAAA to be registered, and it requires a video-recorded developer-selection meeting attended by an authorised officer of the Registrar. Missing paperwork at any of these points can stall the project or expose the society to a dispute under Section 91 of the Maharashtra Co-operative Societies (MCS) Act, 1960 before the Co-operative Court. A clean file is your best protection.

Checklist 1 — Pre-redevelopment title and society documents

Collect these before you appoint a project management consultant (PMC) or float a tender. They establish ownership, membership and the society's legal standing. Documents marked (Conveyance) relate to transfer of title under Section 11 of MOFA, 1963.

DocumentWhy it is needed
Society registration certificate (MCS Act, 1960)Proves the society legally exists and can contract.
Conveyance deed or deemed-conveyance order and certificate (Conveyance)Shows the society — not the original builder — owns the land. If missing, apply for deemed conveyance under Section 11(3) of MOFA before you redevelop.
7/12 extract or Property Card and City Survey (CTS) planConfirms the survey number, area and holder of record.
Index II and past chain of title documentsTraces ownership history and any earlier agreements.
Registered bye-laws (Model Bye-Laws, 2014) and latest amendmentsGoverns how decisions and meetings must be run.
Full list of members with share certificates and share registerFixes who is a member and who must sign the PAAA.
Latest audited accounts, audit report and NOC on duesShows the society is compliant and financially clean.
Approved building plans, occupation certificate (OC) and commencement certificate of the existing buildingEstablishes the current sanctioned position and built-up area.
Existing carpet-area statement for each flatThe base figure for calculating new entitlement and corpus.
Property-tax receipts, water and electricity bills, and any mortgage or lien papersReveals encumbrances a developer must clear.
No conveyance yet? You can still start, but a society without title is on weak ground. Section 11 of MOFA obliges the promoter to convey the land; if the builder never did, Section 11(3) lets you apply to the Competent Authority (the designated District Deputy Registrar) for a deemed-conveyance order that is registered even without the builder's signature. See our conveyance and deemed-conveyance guide.

Checklist 2 — Tender-stage documents

These are the documents your society prepares and issues so developers can bid on the same information, and the documents you ask each bidder to submit in return. Fair, uniform tender papers are what let members compare offers on a like-for-like basis.

What the society issues to bidders

  • Feasibility report and carpet-area entitlement working (order a feasibility report first).
  • Tender document / request for proposal with the society's minimum requirements — extra carpet area, corpus, rent, hardship/shifting allowance, bank guarantee and timelines.
  • Existing plans, area statement and, where available, the FSI potential of the plot. Use the FSI calculator and the additional area calculator so members see a realistic band, not a single guessed figure.
  • A uniform offer format so every bid can be read side by side in the offer comparison tool.

What each bidder must submit

  • Company profile, incorporation papers, PAN and GST registration.
  • Proof of at least one MahaRERA-registered project — a hard requirement under the 4 July 2019 directive for any developer the society shortlists. (MahaRERA)
  • Audited financials for the last three years and banker's / net-worth certificate.
  • Track record with completion certificates of past projects.
  • A written offer on the society's format, and a commitment to furnish a developer bank guarantee of 20% of project value (as the directive requires).
  • Declaration that the bidder is not a managing-committee member, office-bearer, or a relative of one — such persons cannot be the developer under the directive.

Have a professional check every bid before shortlisting; our tender review service exists for exactly this. For the full statutory sequence, read the Section 79A process guide.

Checklist 3 — Stage-wise document checklist

Beyond the one-time title and tender files, your society keeps generating records at each stage. Collect and file them as you go — chasing them years later is far harder.

StageDocuments to collect and keep
Feasibility & planningFeasibility report, FSI/TDR working, PMC appointment letter, member-consent forms.
Developer selectionRequisition by ≥1/5th members, SGBM notice and minutes, video recording of the selection meeting, authorised officer's attendance record, resolution approving the developer (≥51% of total membership).
AgreementRegistered development agreement, registered PAAA for each member, registered power of attorney, and the 20% developer bank guarantee.
ApprovalsMahaRERA registration certificate of the project, IOD (Intimation of Disapproval), commencement certificate (CC), and amended sanctioned plans. (MahaRERA)
Transit / vacatingHandover letters for each flat, rent/transit-accommodation agreements and rent receipts, meter-disconnection proofs.
ConstructionPlinth CC, periodic MahaRERA quarterly progress updates, quality/structural test reports, and the separate RERA bank-account statements. (MahaRERA)
Possession & handoverOccupation certificate, possession letters, corpus payment proofs, defect-liability record, and the new share certificates.

For deeper reading on the last two stages, see our guides on transit and construction and possession and corpus.

Checklist 4 — Documents to register the DA and PAAA

Registration is not optional. Section 17 of the Registration Act, 1908 makes registration compulsory for any document that creates rights in immovable property — and that squarely covers the development agreement, each member's PAAA and the eventual conveyance deed. The 4 July 2019 directive independently requires both the DA and every PAAA to be registered. An unregistered agreement is weak evidence in court and can be challenged, so treat this checklist as mandatory.

For the development agreement (DA)

  • Final DA engrossed on stamp paper, stamped under the Maharashtra Stamp Act, 1958.
  • Society resolution approving the DA and authorising signatories.
  • Society registration certificate, bye-laws and members' list.
  • Title documents — conveyance / deemed-conveyance certificate, Property Card, approved plans. (Conveyance)
  • Developer's PAN, incorporation papers and authorised-signatory board resolution.
  • Photographs and identity/address proof of the signatories, and the developer's 20% bank guarantee.

For each member's PAAA

  • Individual PAAA engrossed and stamped for that flat.
  • Member's share certificate, identity and address proof.
  • Existing carpet-area statement and the agreed new entitlement, corpus and rent figures.
  • Photographs of the member and developer's representative for registration.
Tax point at registration. Under Section 45(5A) of the Income-tax Act, 1961, for an individual or HUF, capital gains under a registered redevelopment agreement are taxed only in the year the completion certificate is issued — the consideration being the stamp-duty value of the member's new share plus any cash received. And where any consideration or stamp-duty value is Rs 50 lakh or more, Section 194-IA may require 1% TDS via Form 26QB. Ask a CA to review your specific numbers.

Which documents relate to conveyance and MahaRERA

Two threads run through all four checklists, and members often confuse them.

Conveyance (MOFA Section 11)

Conveyance documents prove the society owns the land it is redeveloping. The conveyance deed or the deemed-conveyance order and certificate, the Property Card, Index II and the chain of title all belong to this group. If the original promoter never conveyed the land — a very common problem in older Mumbai buildings — the society should secure deemed conveyance under Section 11(3) before or alongside redevelopment, so the new building is constructed on land the society clearly owns.

MahaRERA

MahaRERA documents protect members during construction. Under Section 3 of the Real Estate (Regulation and Development) Act, 2016, a project must be registered before it is advertised, marketed or sold (projects on land up to 500 sq m or with up to 8 apartments are exempt under Section 3(2)). Section 4(2)(l)(D) requires 70% of buyers' money to be kept in a separate scheduled-bank account and withdrawn in proportion to construction, with an annual CA audit. Section 14 bars changing the sanctioned plans without the consent of at least two-thirds of allottees, and Section 14(3) makes the promoter liable for structural or workmanship defects reported within five years of possession. Keep the MahaRERA registration certificate, the quarterly progress updates and the defect-liability record in your file — they are your leverage if things go wrong. MahaRERA has also held that a redeveloping society can itself be a promoter or co-promoter. Read more on RERA for redevelopment.

What this means for your society

A society that keeps all four checklists ready sends developers a clear signal: this is a serious, well-run committee that will hold the builder to the agreement. Practically, a complete file lets you (a) shortlist only genuine, MahaRERA-experienced developers; (b) register the DA and every PAAA without last-minute scrambling; (c) enforce the 20% bank guarantee, the two-year completion timeline from plinth CC and the defect-liability period; and (d) defend the project if a member or an outsider challenges it. Assign one committee member to own the binder, scan every document, and store copies safely. Before you sign anything, run the draft agreement past our red flags in a development agreement guide. When you are ready to begin, register your society with us for a structured, step-by-step start.

Related guides & tools

Common questions

What documents does a society need before starting redevelopment?

Start with title and society documents: the society registration certificate, the conveyance or deemed-conveyance certificate, the Property Card and CTS plan, registered bye-laws, the members' list with share certificates, audited accounts, and the existing building's approved plans and occupation certificate. These prove ownership and membership before you invite any developer.

Do we need conveyance before redevelopment?

It is strongly advisable. Section 11 of MOFA, 1963 obliges the original promoter to convey the land to the society. If that was never done, apply for deemed conveyance under Section 11(3) to the Competent Authority (the designated District Deputy Registrar), who can get the conveyance registered even without the builder's signature. A society with clear title is on much firmer ground.

Is it compulsory to register the development agreement and PAAA?

Yes. Section 17 of the Registration Act, 1908 makes registration compulsory for documents that create rights in immovable property, which includes the development agreement, each member's Permanent Alternate Accommodation Agreement (PAAA) and the conveyance deed. The Section 79A directive dated 4 July 2019 also independently requires both the DA and every PAAA to be registered.

What proof must a developer submit at the tender stage?

Company profile and incorporation papers, PAN and GST, three years of audited financials, a banker's or net-worth certificate, completion certificates of past projects, and proof of at least one MahaRERA-registered project. The developer must also commit to a bank guarantee of 20% of project value and declare no conflict of interest with committee members, as the 4 July 2019 directive requires.

Which documents relate to MahaRERA?

The project's MahaRERA registration certificate under Section 3, the quarterly progress updates, the separate 70% bank-account statements required by Section 4(2)(l)(D), and the defect-liability record under Section 14(3), which makes the promoter liable for structural or workmanship defects reported within five years of possession. Keep all of these in your file.

How many members must approve the developer?

Under the Section 79A directive dated 4 July 2019, the requisition needs at least one-fifth of members, the Special General Body Meeting needs a quorum of two-thirds of total membership, and approval of the developer needs not less than 51% of total membership strength, with absentees excluded. The developer-selection meeting is video-recorded and attended by an authorised officer of the Registrar.

Are there tax documents to keep during redevelopment?

Yes. Under Section 45(5A) of the Income-tax Act, 1961, for an individual or HUF, capital gains under a registered redevelopment agreement are taxed in the year the completion certificate is issued. Where any consideration or stamp-duty value is Rs 50 lakh or more, Section 194-IA may require 1% TDS via Form 26QB within 30 days of month-end. Keep agreements, valuation and payment proofs, and have a CA review your figures.

Where can we get printable versions of these checklists?

The site's downloads section provides printable checklists, sample formats and reference documents you can hand to your committee. Pair them with the FSI calculator and offer comparison tool so members can evaluate developer proposals on the same basis.

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