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Frequently Asked Questions -FAQs
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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 if he uses model deed available in this website.. 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.
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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.
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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 Chennai zone e-stamping is 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
favor of the Sub Registrar concerned.
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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.
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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. If building is there inspection is required to measure plinth area and to calculate the value using P.W.D. norms for buildings.
If no deficit is there it will be returned after building inspection otherwise after collection of the deficit the document will be returned. Agricultural land is converted to house site value fixation is required and it needs inspection also. 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 578 offices as on date. This has really made it possible to return the document on the same day. Efforts are being made to further deduce delay by simplifying
facility. Efforts are being made to further reduce delay by simplifying the
the process.
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Q.6 'Encumbrance Certificates' 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 before 1987. From 1987 onwards encumbrance certificates are issued on the spot. Special counters have been opened to receive applications and certificates are issued on demand without
delay. It is also noticed that in some offices, having heavy registration work load, the staff may not complete all the search and making EC on the same day. In such cases, the EC should be returned at the earliest possible time, but not later than 3 days. 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.
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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. 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 finally approves reduction in such issues after perusing the recommendation of the Sub Committee headed by concerned District Collectors.
The guideline values
are hosted on the website
http://www.tnreginet.net. Moreover the guideline value
registers have been supplied to traders association and
other forums for information. The guideline
value is a public document. In all offices through STAR
facility the guideline values can be ascertained free of
cost for any property
on the counters.
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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.
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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 ...
same day
2.
The documents requiring inspection of building
alone time
limit for finishing field inspection - 21 days
3.
The documents which require field inspection to identify whether the property conveyed is agricultural or residential (in cases where agricultural properties below 20 cents sold it is compulsory)
- days
4.
Conversion of agricultural land to residential - fixation required - 21 days
5.
For referring documents requiring fixation of market value by SDC(Stamps) - 21 days
6.
The time taken by SDC (Stamps) in fixation of market value will be - 4 month (maximum)
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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,brother,sister and grand child. The relationship should be traced from the owner of the property prior to transaction.
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Q.11 How to
find out the stamp duty payable?
Ans. The website contains Guideline value and Stamp duty payable. Even counters in sub registrar offices have been opened for replying to such queries.
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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
(iii)
For power of attorney even witnesses have to produce photo and ID card.
If any document is registered by impersonation the real person can file application with concerned District Registrar to get it annuled
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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, concerned District Registrar is authorized to hear the cases of impersonation and falsification of facts and order annulment of registration. The effect of registration can also be nullified by executing a cancellation deed by the executants.
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Q 14 What is the remedy available against the order passed by SDC fixing market value?
Ans.
An appeal can be preferred within two months to 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).
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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.
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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. 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.
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Q.17 What is STAR?
Ans.
STAR
- Simplified & Transparent Administration of Registration - is a software package developed by our Development cell members and National Informatics Center, Chennai to deliver quality services to the registrants. It is only due to "STAR", Encumbrance Certificates, Certified Copies of documents 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.
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Q 18 What are the Stamp
duty/Registration fees rates in respect of some major categories of documents?
Ans.
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Categories of Documentt
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Stamp Duty
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Regn Fee
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1 Conveyance (Sale) |
7% on the market value of the property
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1% of the property.
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2 Gift |
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3 Exchange |
7% on the marke value of the greater value.
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4 Simple Mortgage
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1% (on the loan amount) subject to a maximum of Rs40,000/-
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1% on loan amount subject to a maximum of Rs.10,000/- |
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5 Mortgage with possession |
4% on loan amount |
1% subject to the maximum of Rs.2,00,000/- |
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6 Agreement to Sale
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Rs.20 |
1% on the money advanced(1% on total consideration if
possession is given) |
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7 Cancellation
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Rs.50 |
Rs.50 |
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8 Partition |
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<> |
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i) Partition
among family memberss |
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. |
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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 |
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9 Power of Attorney |
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i) General Power of Attorney to SELL the immovable property |
Rs. 100 |
Rs.10,000 |
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ii) General Power of Attorney to SELL the
movable property & for other purposes |
Rs. 100
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Rs.50 |
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iii) General Power of Attorney given for
consideration |
4% on
Consideration |
1% on
Consideration |
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10 Settlement
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i)In favour of family members
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1% On the market value of the property but
not exceeding Rs.10000/-
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1% on the market value of the property
subject to a maximum of Rs.2000/- |
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ii) Other Cases
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8% on the market value of the property
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1% on the Market Value |
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11. Partnership deed
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i) where the capital doest not exceed Rs.500 |
Rs. 50 |
1% on the Capital invested
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ii) Other Cases
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Rs. 300 |
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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/- |
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Release |
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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/- |
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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 |
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Lease
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/- |
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15. Declaration of Trust (if property is there, it would be
considered as sale)
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Rs. 180 |
1% on the Amount
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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.
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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
- 18 years
for bride
- 21 years for bridegroom
iii) Proof of Marriage
iv) Proof of Age, residence.
v) Passport size photo of bride and bridegroom.
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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.
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