Guideline value in respect of all areas in Tamil Nadu has been recently revised and the new values are uploaded in the Government Portal. The hole state land values hosted in this official website and it has been arranged to view a very easy method the land rates of every individuals.
Public are shown their interest to see the value of their land through this portal…
For more convenient we have compiled the clarifications regarding the registration…
Q.1 Whether any person can write deeds and present for registration. Will it be legally accepted?
Ans. Yes. Any person executing an instrument, i.e., seller can write any instrument. All such instruments shall be admitted by the sub registrars and these instruments will have same evidentiary value as that of written by licensed deed writers.
Q.2 Is there any guide book to assist a layman in writing instruments?
Ans. Some of the formats of commonly used instruments are available on the website for download. These formats have been designed after studying various instruments. It has been ensured to incorporate all essential ingredients of instruments. Registration Hand book is also available in the market.
Q.3 Normally, it is noticed that there is a shortage of stamp paper, as a result, registration is delayed. Is there any way out?
Ans. It is true that artificial scarcity is created in the market by some of the stamp vendors so that they can charge some extra amount over and above face value. All the stamp vendors have been warned against such practices. Licenses of a few of them have been cancelled recently. A wide publicity about availability of stamp papers in Sub Registrar Offices has also been given. In select offices franking machines are available through which stamp duty could be paid.
In case of real scarcity, stamp duty can even be paid in cash/D.D. Any instrument can be written on a plain paper and presented for registration. The Sub Registrar, on receipt of paper will collect stamp duty in cash/D.D. and he will add a certificate to that effect and register the same. The D.D. should be drawn in favour of the Sub Registrar concerned.
Q.4 The stamp vendors are charging commission over and above the face value. Even the Commission is not uniform. Is there any rate at which commission should be charged by stamp vendors from parties?
Ans. The act of stamp vendors in charging commission is against the rules. Such stamp vendors should be brought to book by the public. It is a fact that stamp vendors get commission for selling stamp papers. But the commission is given by Government, which is included in the face value of stamp paper. Therefore no stamp vendor should charge any amount/commission over and above face value of the stamp paper. Your co-operation in bringing such acts to the notice of the officials of the Department will be highly appreciated.
Q.5 Invariably, all documents presented for registration are returned after a long wait. The delay in returning documents causes hardships to public and also leads to other malpractices.
Ans. Only a few documents, which require charging of stamp duty on market value are normally kept pending for fixing of market value. These documents are sale, exchange, release of benami right, settlement or gift. Even these documents can be registered and returned on the same day provided the value set forth in the document is equal to or higher than the value arrived at by using guideline value and P.W.D. norms for buildings. All other documents should be returned on the same day by the Sub Registrar in the computerised offices. It is also noticed that in some offices, having heavy registration work load, the staff may not complete all the formalities of making entries in Indices and on the copy of the document. In such cases, the document should be returned at the earliest possible time, but not later than 3 days.. In order to over come these difficulties, the Government have decided to computerize offices. STAR package is in use in 125 offices as on date. This has really made it possible to return the document on the same day. Very shortly all the offices will have this facility. Efforts are being made to further reduce delay by simplifying the process.
Q.6 Encumbrance Certificate are not being issued in time and the staff also do not respond properly to our requests.
Ans. It is true that issue of encumbrance certificate takes time, as the entries are searched manually in many of the offices. In offices, covered under STAR, encumbrance certificates are issued on the spot. Special counters have been opened to receive applications and certificates are issued on demand without delay. Applications for Encumbrance Certificate for selected offices in Chennai can be submitted through Online Application Form and the Encumbrance Certificate will be delivered at your door step.
Q.7 What is Guideline Value? How to ascertain?
Ans. Guideline Value of any land should truly reflect the market value. Guideline values have been fixed for all the areas in the State. Well established residential areas have only street based guideline values. The guideline values have been fixed for each survey number. This will remain unchanged till the next revision. Higher value registration will not have not have automatic adoption for subsequent registration. This guideline value help the registering officer in the detection of prima facie under valuation of property. In most of the places, the guideline value is lower than the prevailing market value. In a few places, the guideline value may be unreasonably higher than the market value. Such cases should be brought to the notice of the Inspector General of Registrations for correction of anomalies. There is a committee at State level which goes into such issues.
The guideline values are being hosted on the website http://www.tnreginet.net. The process will be over by February 2002 end. Moreover the guideline value registers have been supplied to traders association and other forums for information. The guideline value is a public document. In offices having STAR facility the guideline values can be ascertained free of cost for any property on the counters.
Q.8 What is an encumbrance certificate? Why do we need?
Ans. The encumbrance certificate contains all the transactions registered relating to a particular property for a period (as required). It is advisable to get encumbrance certificate before effecting any transactions as it will give information about previous transactions. This will also help in arriving at proper entitlement of the property.
Q.9 Is there any time limit prescribed for return of document? If so, what is the monitoring mechanism?
Ans. Yes. The following time limit for return of documents have been prescribed.
1. The documents not requiring inspection by registration department officials â€¦ same day in the computerized offices. In other offices on the third day.
2. The documents requiring inspection of building alone time limit for referring – 15 days
3. The documents requiring fixation of market value by SDC(Stamps) – 21 days
4. The time taken by SDC (Stamps) in fixation of market value will be – 4 month (maximum)
Q.10 What is the definition of family for availing concession in stamp duty under the Indian Stamp Act?
Ans. The family member includes father, mother, husband, wife, son, daughter and grand child. The relationship should be traced from the owner of the property prior to transaction.
Q.11 How to find out the stamp duty payable?
Ans. The website contains a process for calculation of stamp duty. Even counters in sub registrar offices have been opened for replying to such queries.
Q.12 There have been cases of impersonations in the past. What are the measures contemplated by the Department to prevent such practices?
Ans. Even though the sub registrars have been asked to satisfy themselves about the identity of executants, yet some persons manage to escape from the eyes of the registering officer. The following are the measures taken by the Department to prevent impersonation
(i) Photos of the seller/buyer are affixed
(ii) Finger prints of executants are obtained
Q.13 Whether any registration can be cancelled by the Sub Registrar or superior officers on the grounds of impersonation/misrepresentation of facts/procedural irregularities?
Ans. At present, there is no provision under the Registration Act to cancel any registration on any ground. However, the effect of registration can be nullified by executing a cancellation deed by the executants. Deletion of entries can be done only on the orders from competent court.
Q 14 What is the remedy available against the order passed by SDC fixing market value?
Ans. An appeal can be preferred with the Inspector General of Registration, Chennai 28. The fixation of market value will be done by I.G.R and the value may even be higher than the value fixed by the SDC (Stamps).
Q.15 Return of document from sub registrar is a very unpleasant experience. Is there any way out?
Ans. All the sub registrars have been requested to return the document by post if the parties have expressed willingness and submitted an envelope duly stamped at the time of registration. This facility can be availed by you.
Q.16 Why do the registering officer insist on production of Chitta, Adangal, FMB sketch, etc.,?
Ans. All these revenue records, viz, adangal, chitta, FMB, are needed in deciding the title, usage of land, etc. This is required only if readily available with you. In the absence, the registering officer cannot compel you. All these records will not be insisted upon after the process of computerisation in revenue offices is over and connectivity between Revenue and Registration Departments is established. This process may take one year.
Q.17 What is STAR?
Ans. STAR â€“ Simplified & Transparent Administration of Registration â€“ is a software package developed by National Informatics Center, Chennai to deliver quality services to the registrants. It is only due to â€œSTARâ€, Encumbrance Certificates, Certified Copies of documents, valuation statements are issued on the counters in no time. This has not only reduced the processing time and work load in office but also has resulted in satisfaction to registrants. Archival of documents by scanning, indexing, accounts, etc are some of the jobs which are attended by this package.
Q 18 What are the Stamp duty/Registration fees rates in respect of some major categories of documents?
|Categories of Document||Stamp Duty||Regn Fee|
|1 Conveyance (Sale)||8% on the market value of the property||1% of the property.|
|3 Exchange||8% on the marke value of the greater value.|
|4 Simple Mortgage||1% (on the loan amount) subject to a maximum of Rs40,000/-||1% on loan amount subject to a maximum of Rs.10,000/-|
|5 Mortgage with possession||4% on loan amount||1% subject to the maximum of Rs.2,00,000/-|
|6 Agreement to Sale||Rs.20||1% on the money advanced(1% on total consideration if possession is given)|
|i) Partition among family members||1% on the market value of the property but not exceeding Rs.10000/- for each share||1% subject to a maximum of Rs.2000/- for each share.|
|ii) Partition among Non family members||4% on the market value of the property for separated shares||1% on the market value of the property for separated shares|
|9 Power of Attorney|
|i) General Power of Attorney to SELL the immovable property||Rs. 100||Rs.10,000|
|ii) General Power of Attorney to SELL the movable property & for other purposes||Rs. 100||Rs.50|
|iii) General Power of Attorney given for consideration||4% on Consideration||1% on Consideration|
|i)In favour of family members||1% On the market value of the property but not exceeding Rs.10000/-||1% on the market value of the property subject to a maximum of Rs.2000/-|
|ii) Other Cases||8% on the market value of the property||1% on the Market Value|
|11. Partnership deed|
|i) where the capital doest not exceed Rs.500||Rs. 50||1% on the Capital invested|
|ii) Other Cases||Rs. 300|
|12.Deposit of Title Deed||0.5% on loan amount
subject to a maximum of Rs.25000/-
|1% on loan amount subject to a maximum of Rs 5000/-|
|i) Release among family members (co – parcenars)||1% on the market value of the property but not exceeding Rs.10000/-||1% on the market value of the property subject to a maximum of Rs.2000/-|
|ii) Release among non family members (co – owner & benami release)||8% on the market value of the property||1% on the market value of the property|
Lease below 30 years
Lease upto 99 years
Lease above 99 years
|1 % } on the total amount
4 % } rent,premium, fine
8 % } etc.,
|1% subject to a maximum of Rs.20000/-|
|15. Declaration of Trust (if property is there, it would be considered as sale)||Rs. 180||1% on the Amount|
Q 19 Can I get the required information directly from the Sub-Registrar?
Ans. Yes. the registering officer is required to give any sort of information regarding registration.
Q 20 What are all the documents required for registration of Hindu Marriage?
Ans. i ) Both the parties should be Hindus.
ii) Age at the time of marriage â€“ 18 years for bride
– 21 years for bridegroom
iii) Proof of Marriage
iv) Proof of Age, residence.
Q 21 What are the precautions one should take before enrolling in a chit?
Ans. Ensure that the Company, is a genuine one and the Chit group is registered one.
You have right to demand copy of bye laws from the foreman.
Q 22 Where can I get the birth/death Extract?
Ans. The details of birth/death in Urban areas are available with the Local bodies concerned and the details of birth/death in rural areas are available with Sub-Registrar.
Q 23 What is the e-mail address for addressing any queries?
Ans. [email protected]
Q 24 I am the purchaser of the property. I am denied to receive back the document. Why?
Ans. The document after registration will be returned to the person who presents the document for registration or to the person authorized by him on the counterfoil of the receipt. Hence it is advised that the buyer may present the document for registration or get the authorization in his favor at the time of registration.
Q 25 I propose to buy an unapproved plot? Do I have to produce NOC?
Ans. Yes. Plot in an unapproved layout can be registered only on the production of NOC from the Local body concerned.
Q 26 I am from Tamil Nadu right now working in US, I wanted to buy a land in Tamil Nadu and register it into my name. My brother told me that I should be present in person to sign at the registrarâ€™s office which is not possible. Is there any way can I register it in my name without my presence?
Ans. There is a need that the seller and purchaser should sign the document and appear before the registering officer for registration. But this could be done without your physical presence, by authorizing an attorney here to do this activity on behalf of you. For this you need to execute a Power of Attorney there attested by a Notary there, which has to be adjudicated with any District Registrar here. Based on this power your attorney can act.