Frequently Asked Questions -FAQs

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.
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 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.

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. 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.
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.
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.         

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      ...   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)

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.
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.
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
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.
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).
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.  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.
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. 
Q 18 What are the Stamp duty/Registration fees rates in respect of some major categories of documents?

Ans.

Categories of Documentt

Stamp Duty   

Regn Fee

1 Conveyance (Sale)

7% on the market value of the property

 

1% of the property.

2 Gift   

 

3 Exchange

7% 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)

7 Cancellation

Rs.50

Rs.50

8 Partition

 

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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.

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

10 Settlement

 

 

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/-

13 Release

 

 

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

14 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/-

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 - 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.

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?
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.    No .

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 registrar's office which is not possible. Is there any way can I register it in my name without my presence? 

AnsThere 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.