FAQ

Q.1 Whether any person can write deeds and present for registration. Will it be legally accepted?

Ans.     Yes if they uses model deeds hosted in the website.  For Sale deeds Seller of the property and for other deeds any person executing an instrument can write the 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 document writers and Lawyers.

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 as 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. 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.

E-Stamping facility is available to all the Sub Registrar of  the Chennai zone. Any body can purchase E-Stamp of any value from the branches of Corporation Bank, Central Bank of India and Indian Bank.
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 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 Indexes and scanning the document. In such cases, the document should be returned at the earliest possible time, but not later than 3 days. Efforts are being made to further reduce delay by simplifying the process.

Q.6 What is the time limit for getting the Encumbrance Certificate?

Ans. As per the Standing Order 979(ii) "in respect of the offices and period which is not computerised the Encumbrance certificate shall be completed within 4 days from the date of admission of the application exclusive of that date and interveing holidays".

Q.6a "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 the indexes are computerised and the 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 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 survey numbers to the properties which are not formed into street. This will remain unchanged till the next revision. Higher value registration will not have automatic adoption for subsequent registration. This guideline values 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 concerned District Registrar, Deputy Inspector General of Registration and 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. The latest guideline value we are now following came into effect from 09-06-2017. 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 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.

  • The documents not requiring inspection by registration department officials same day. In auspicious days it is not possible to return the document on  the same day because of work load. But in any way they have to return the document within 3 days.
  • The documents requiring inspection of building alone time limit for referring - 15 days
  • The documents requiring inspection to find out whether it is site or agri land and this is compulsory if the area is below 10 cents and the guideline has agriculture value for the  particular survey number - 21 days
  • 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. Government issued orders as sisters and brothers are also come under family. The family members can get the concession on stamp duty and registration fee for the deeds of settlement and partition among themselves. The rate for family member is 1 % stamp duty subject to maximum of Rs 10,000/- and 1 % Registration Fee subject to maximum of Rs 2,000/- ( For partition deeds the above duty and fee is for one share ie for a single person)

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
(iii) Photos and Finger prints of the witnesses also recorded in the Powerdeed.

Q.13 Whether any registration can be cancelled by the Sub Registrar or superior officers on the grounds of impersonation/misrepresentation of facts?

Ans. A transaction can be nullified by concerned Civil Court. But affected persons can file a petition with concerned District Registrar with evidence. Concerned District Registrar will enquire the petition and initiate prosecution only for the offence committed under Section 82 of the Indian Registration Act, 1908.

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.

Q.17 What is STAR?

Ans. STAR - Simplified Transparent Administration of Registration - is a software package developed by National Informatics Center, Chennai and in house people to deliver quality services to the registrants. It is only due to "STAR", 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?

Ans.

Categories of Document Stamp Duty Regn Fee

1 Conveyance (Sale)

7% on the market value of the property

 

4% on the market value of property.

2 Gift   

 

3 Exchange

7% on the market value of the greater value.

4% on the market value of  greater value property.

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.Agreement relating to construction of building  1 % on the cost of the proposed construction or the value of construction or the consideration specified in the agreement whichever is higher 1 % on the cost of the proposed construction or the value of construction or the consideration specified in the agreement whichever is higher  

8 Cancellation

Rs.50

Rs.50

9 Partition

 

i) Partition among family members

1% on the market value of the property but not exceeding Rs.25000/- for each share

1% subject to a maximum of Rs.4000/- 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

10 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 immovable property (Power is given to family member)

Rs. 100

Rs.1,000

iii) General Power of Attorney to SELL the movable property & for other purposes

Rs. 100

Rs.50

iv) General Power of Attorney given for consideration

4% on Consideration

1% on Consideration

11 .Settlement

 

 

i)In favour of family members

1% On the market value of the property but not exceeding Rs.25000/-

1% on the market value of the property subject to a maximum of Rs.4000/-

ii) Other Cases

7%  on the market value of the property

4% on the Market Value

12. Partnership deed

 

 

i) where the capital doest not exceed Rs.500

Rs. 50

1% on the Capital invested

ii) Other Cases

Rs. 300

 

13.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/-

14 Release

 

 

i) Release among family members (co - parcenars)

1% on the market value of the property but not exceeding Rs.25000/-

1% on the market value of the property subject to a maximum of Rs.4000/-

ii) Release among non family members (co - owner & benami release)

7% on the market value of the property

1% on the market value of the property

15 Lease

 

 

Lease below 30 years

1 %   on the total amount of rent, premium, fine etc

1% subject to a maximum of Rs.20000/-

Lease upto 99 years

4 %  on the total amount of rent, premium, fine etc

1% subject to a maximum of Rs.20000/-

Lease above 99 years

7%  on the total amount of rent, premium, fine etc

1% subject to a maximum of Rs.20000/-

16. 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.

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. grivcell@tnreginet.net

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 Where a marriage performed can be registered under the Tamilnadu Registration of Marriage Act?  What are all needed?

Ans.    The marriges performed under any religion/ non-customary can be filed with the Sub Registrar where the marriage is performed.  

  • Memorandum (application) should be filed in duplicate.
  • Requirements of personnel law should be fulfilled.
  • Bride and bridegroom may be from any religion but should be citizen of India.
  • Memorandum should be filled with Sub Registrar within 90 days of marriage.
  • With payment of fine it can be filled in the next 60 days.
  • Proof of marriage, age, residence, individual identity card for both and for two witnesses, passport size photo for bride and bridegroom 4+4  required.

The marriages performed in Tamilnadu only can be filed. The memorandum should be filed with the Sub Registrar in whose jurisdiction the place of Solemnization belongs.

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?

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 / Vice Council in a Indian Embassy attached there, which has to be adjudicated with any District Registrar here. Based on this power your attorney can act.

Q. 27 If anybody puts a higher value greater than given in a guideline for his document, the Sub Registrar is forcing to follow that higher value for the next document to be registered in the same survey number.

Ans. It is not needed. The basic guideline value will be applicable until the next revision unless and otherwise the nature of land does not change ie from agri to site. The Sub Registrar are issued guidelines not to insist higher values and if they insist you can approach concerned District Registrar for remedy or you can lodge complaint with grivcell@tnreginet.net .

Q. 28 Where to approach if anybody demands bribe in Sub Registrar / District Registrar offices directly or through Document Writer or Broker?

Ans. You can lodge complaint through grivcell@tnreginet.net . You can get remedy from concerned District Registrar / Deputy Inspector General of Registration by lodging complaint by phone or by letter. The phone number is available in our website

LINKS

Quick Contact

“Bribe giving and receiving is an offence. Complaints about demand for bribe may be made in person or over phone to the directorate of Vigilance and Anti-corruption, No.293, M.K.N.Road, Alandur, Chennai-16 or to the local Vigilance Office. Website:www.dvac.tn.gov.in
Phone Nos:(044) 22310989/22321090/22321085/22342142; FAX: 044-22321005.
" For Election Related Information :www.elections.tn.gov.in "
Disclaimer: The contents of the website have been prepared with due care and with reference to the Acts and Rules. However in case of any error or omission, the Department cannot be held responsible. The contents of the site are of informative in nature.