Did you know that the real estate rules differ among states in India? rnFor instance, In Himachal Pradesh, people out of the state cannot purchase property without permission. However, such is not the case with Tamilnadu. People who do notbelong to Tamilnadu can still buy property in TamilNadu.rnOnce the property is made ‘how about the registrationprocess?’.Is it uniform across the Indian states?rnCome let’s explore the property registration norms in Tamilnadu.
Governing Property Registration Law in Tamilnadu
The registration and transfer of properties is governed by Registration (TamilNadu Amendment) Act, 2008. This law applies to the whole of Tamilnadu.However, there are specific laws that apply to registration of
hill station properties, which we will see later in this blog.
Documents required for property registration
1. Original Property documents (Parent Documents) rn2. Original PATTA & CHITTA – Issued by the revenue department in the name of seller rn3. Encumbrance Certificate (EC) of the property rn4. DD for the payment of stamp duty, transfer duty (if any), Registration fee and user chargesrn5. Proposed Sales deed original rn6. ID proof of the seller, buyer and two witnessesrn7. PAN card of Seller and buyerrn8. Power of Attorney (POA) if a person is representing the buyer or sellerrn9. Non Traceable Certificate, Copy of complaint, CSR, Paper Advertisement, Affidavit, SRO copy of document in the case of original documents lost by the seller.rn10. No objection Certificate (NOC), wherever required
Online property registration in Tamilnadu
The offline registration process typically involved submission of documents to the sub-registrar’s office. However, since Feb 2018, all property registrations were mandated to be made online in Tamilnadu. For ease of use, speed and transparency, the government of Tamilnadusetup an online portal
https://tnreginet.gov.in/portal/. The portal comes under the Registrations Department. Here,the documents are submitted online. The buyer can choose the date and time of registration on the portal itself. The major advantage of the portal and online property registration is obtaining the registered documents on the same day.The portal also helps to get an online Encumbrance Certificate.
Market value of Land for Land Registration
The market value of property is the guideline value decided by the government. It is available in government website and also in the register available with the respective regional registering officers.
Property Registration Charges
• In Tamilnadu, there are two charges that apply for property registration. The first being stamp duty at 7% (on the property’s market value) and second, the registration fee of 1% (on the property value).
• In the case where properties are exchanged for one another, the stamp duty and registration fee will apply on the property with higher market value and higher value, respectively.
Hill station Property Registration - Checklist
The hill stations in Tamilnadu are more so flourishing as a
real estate market owing to increasing demand. Since 2011, the concept of investing in a second property in hill stations has been growing, according to a leading newspaper.rnIs the hill station property registration in Tamilnadu requires additional norms to look into?rnYes.rnEnjoyment certificate, another revenue department record is required in certain hill stations to register a property.
Hill station property Investment - Checklist
For hill station properties, there are certain things to look for & abide by, while buying though they are not a mandatory requirement for registering the hill station property.rnRisk assessment factorsrn• Landslide zone: The area in which the property lies must be safe and away from landslide prone zone
• Wildlife Intrusion: Since hill stations are home to a variety of wildlife, it is crucial to find a property that is free of wildlife intrusion and does not disturb the human living.
• Reserved Forest zone: The land in which the property lies must not be within 150 m from boundaries of reserved forestsrn• Soil erosion:Hills receive plentiful of rains and so the property must have a robust rain water drainage system to avoid the risk of soil erosionrn• Gradient: The property must be constructed on a gentle gradient as against a steep one, for better structural strength rnLivelihood factors
• Habitation:Since the population in hill stations is much lower than in big cities, the area in which the property lies must have neighbourhood at vicinity.
• Water source: Bore wells are not common in hill stationsand so the property must have access to water source nearby.
• Electricity: The property must have steady and dependable power source at vicinity. This also adds to the safety aspect
• Road access: Access way to property andConnectivity to hill infrastructure is a crucial factor, more so in hill stations owing to the difficult terrain.
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