One small step for you, one giant misstep for your budget

Here’s a checklist of common errors homebuyers must avoid to make a smart purchase

Other important things to check when buying a home

It's better to get a pre-approved home loan.  Maintain a good credit score.  Assess your short and long-term goals and have a suitable financial plan before you start house-hunting.  Thoroughly check the vicinity and neighbourhood at different times of the day.  Evaluate commuting options and connectivity to your workplace.

When you’re buying a home, advice is never in short supply; every friend, family member, and colleague seems eager to point out the ‘right’ steps to take.  But in the rush to follow every piece of well-meaning guidance, it’s all too easy to overlook a small misstep that doesn’t fit the checklist.  And before you know it, that tiny error has snowballed into a costly blunder, a stark reminder that sometimes the abundance of ‘right’ advice can blind you to the minor wrongs that matter most.

Thus, to make your home buying process a bit easier, we list a few common mistakes that you, as a homebuyer, should definitely avoid.

Going over budget

Even a 10 year old understands that he cannot buy a chocolate worth Rs.100 if he has only Rs.10.  Homebuyers, however, are known to stretch their budgets a little when they go home-hunting.  A slightly better unit for a little extra cost, is tempting.

Ignoring additional costs

“It has been observed that the total cost of property increases by around 10 to 15 per cent when buyers add their interior designing and maintenance costs, moving and packing expenses, etc. These costs are often not accounted for when deciding the homebuying budget, thus straining the buyer’s pockets later”

Additionally, buyers must understand that the bigger the home, the higher the maintenance cost. “Moreover, maintenance costs are recurring expenses, along with utility bills, and daily household expenses. All of this should be taken into consideration before deciding the budget for your new home”

Resale value

Several reports have stated that property prices are skyrocketing. Thus, not asking experts about the resale potential of the house you plan to buy will be foolish. “Brokers can easily tell the approximate appreciation value of all categories of houses in a particular area. Ask multiple brokers and get an idea of the resale value of the home for at least the next five to 10 years”

Home inspection

A decade ago, only a handful of companies offered such services. Today, homebuyers are increasingly undertaking home inspections not just to check the Vaastu of the house but also to assess other key aspects, such as the condition of the house and any hidden issues. “Whether you buy a brand-new home or a resale property, you can conduct a home inspection to ensure that the home you are purchasing is in good condition. Check the flooring, wall finish, ceilings, electrical systems, plumbing, doors, and windows, and categorise the repairs (if any) into three categories—major, minor, and cosmetic. This way, you are mentally and financially prepared to service the home as you please”

Layout and floor

Considering your lifestyle and health conditions, it is essential to ensure that the house you select has a suitable layout that aligns with your needs. For e.g. if you like reading, it should have a quiet corner which receives ample natural light, where you can place your bookshelf and a cosy chair to create your reading nook.

“The house we currently live in has a beautiful balcony, and our morning routine includes having a cup of tea there. Unfortunately, today, either balconies are missing, or are quite tiny. However, we made sure to book a new house with a decently sized balcony so that we can continue our daily routine. It may seem like a small thing, but my husband and I are busy with our office routines throughout the day, and those 30 minutes in the morning are the only time we can spend together peacefully, which is important for us”

Emotional decisions

Don’t fall for attractive offers or get emotionally attached to a property just because the sample flat looks beautiful. Making decisions based on emotions can lead to major disappointments later. Conduct thorough research on the developer, property, vicinity, and crime rate. If possible, visit the locality a few times to get a complete understanding of the area. Being impulsive can lead to hasty and problematic decisions. Also, don’t let the seller pressure you into making a quick decision, remember, there are plenty of houses available in the market.

தமிழ்நாடு மின்சாரத்துறை அறிவிப்பு

 தனியாருக்குச் சொந்தமான நிலங்களில், மின்கம்பம் நடப்பட்டிருந்தால், அவைகளை இடமாற்றம் செய்வதற்கு நிலத்திற்குச் சொந்தக்காரர் மனு அளித்து மாற்றம் செய்யப்பட வேண்டும் என கூறினால் அதற்குரிய செலவுத் தொகைகள் அனைத்தும் மின்சார வாரியமே  ஏற்றுக்கொள்ள வேண்டும் .என்ற உத்தரவை சென்னை உயர்நீதிமன்ற கிளை மதுரை உயர்நீதிமன்றம் வழங்கியுள்ளது. #tneb #tangedco

பட்டா எண் விளக்கம்!

 பட்டா என்றால் என்ன?

‘பட்டா எண்’ என்பது பட்டாவில் இருக்கும் எண் அவ்வளவே.  அந்த எண்ணை வைத்துக் கொண்டு ஏரியா வாரியாக கணினியில் அதிகாரிகள் ஒரு தட்டு தட்டினால் அந்த எண்ணுக்கு உரிய நபரின் பெயர், முகவரி, நிலங்களின் அளவு என எல்லாம் வந்து விழும்.  ‘சர்வே எண்’ என்பது  வேறு.  இப்போது பட்டா எண்ணையும் பத்திரத்தில் குறிக்கிறார்கள்.

When buying a 3BHK luxury apartment in Chennai - By using this checklist

 When buying a 3BHK luxury apartment in Chennai, you’ll want to ensure the property meets both your practical needs and long-term investment goals. Here's a detailed checklist to guide you through the process:

1. Location

• Proximity to Key Areas: Ensure the apartment is near essential locations like your office, schools, hospitals, shopping malls, public transport, and recreational spots.
• Neighborhood: Check for the safety, ambiance, and development status of the locality. Popular upscale areas in Chennai include Adyar, Besant Nagar, Anna Nagar, T Nagar, and OMR.
• Access to Infrastructure: Evaluate road connectivity, public transport availability (metro, buses), and ease of access to major highways.
• Future Development Plans: Research upcoming infrastructure projects like new roads, metro stations, or malls that may affect the area.

2. Builder Reputation

• Builder’s Track Record: Verify the reputation of the developer. Look into their previous projects, delivery timelines, and quality of construction.
• Legal Standing: Ensure the builder has all necessary approvals and is a recognized and reliable entity in the market.
• Completion and Possession History: Make sure the builder has a track record of delivering properties on time with minimal delays.

3. Legal Verification

• Title Deed: Check for clear land titles and confirm that the property is free from legal disputes. The title deed should be in the builder's name, and it should be legally verified.
• Encumbrance Certificate (EC): Verify that the property has no existing loans or financial encumbrances.
• RERA Registration: The project should be registered with RERA (Real Estate Regulatory Authority) and adhere to all legal norms.

4. Amenities and Features

• Luxury Features: Check for luxury offerings like modular kitchens, premium flooring, high-quality bathroom fixtures, balconies, and smart home systems.
• Common Amenities: Ensure the building has sufficient high-end amenities like a swimming pool, gym, clubhouse, garden, security, and parking facilities.
• Green Spaces & Environment: Check if there are adequate open spaces, parks, and landscaping for a good living environment.

5. Construction Quality

• Materials Used: Ensure high-quality construction materials are used, especially for plumbing, electrical wiring, flooring, and finishing.
• Structural Integrity: Hire an independent structural engineer (if needed) to assess the safety and soundness of the building.
• Vastu Compliance (if important to you): If you're particular about Vastu, ensure the layout of the apartment follows the guidelines of Vastu Shastra.

6. Size and Layout

• Space Planning: Ensure the 3BHK is spacious and functional for your needs. Pay attention to the dimensions of each room (bedrooms, living room, kitchen).
• Ventilation and Natural Light: Check if the apartment has sufficient ventilation and natural light in all rooms. Large windows and proper airflow are key.
• Balcony/Outdoor Area: Consider the size of balconies and additional outdoor spaces.
• Storage Solutions: Look for enough built-in storage options like wardrobes, cabinets, etc.

7. Pricing and Payment Terms

• Market Price Comparison: Compare the asking price with similar properties in the area to ensure you're not overpaying.
• Payment Plan: Check for the payment schedule and ensure it aligns with your financial situation. Some builders offer attractive post-possession payment plans.
• Registration and Additional Costs: Factor in registration fees, stamp duty, maintenance charges, and property taxes.

8. Furnishing and Interiors

• Semi/Fully Furnished: If you're considering a furnished apartment, check the quality of furniture, fixtures, and fittings.
• Customization Options: Some luxury apartments allow customization of interiors. Verify if the builder offers customization options based on your preferences.
• Security Systems: Ensure the apartment has advanced security features like CCTV surveillance, intercom systems, access control, and 24/7 security personnel.

9. Resale Value and Investment Potential

• Appreciation Potential: Look at the historical price trends in the area and the expected future growth. Areas with emerging infrastructure projects often see higher price appreciation.
• Rental Income Potential: Consider the rental yield potential of the apartment if you plan to rent it out.
• Exit Strategy: Consider how easy it would be to sell the apartment in the future, especially if the market trends in the area change.

10. Home Loan and Financing

• Eligibility for Loan: Check if the property qualifies for a home loan from reputed banks or financial institutions.
• Interest Rates: Compare interest rates offered by various lenders to choose the most favorable terms for your loan.
• Loan Documentation: Ensure all documentation is in order, including the builder’s approvals, occupancy certificate, etc.

11. Occupancy Certificate and Handover

• Occupancy Certificate (OC): Ensure the property has an occupancy certificate from the local municipal authority, allowing you to move in.
• Possession Details: Confirm the possession date and terms for handover. Verify if any delays are expected.

12. Post-Purchase Services

• Maintenance & Support: Understand the ongoing maintenance charges and services provided. Inquire about post-purchase services such as repairs, customer support, and warranty on appliances and structures.
• Community Management: Check if the community association or society is well-organized with rules, regulations, and meetings to ensure smooth living.

13. Builder’s Warranty

• Defects Liability: Make sure the builder offers a warranty for structural defects (usually 5-10 years).
• Appliance Warranties: If the apartment comes with appliances, check for the manufacturer’s warranty details.

14. Safety Standards

• Fire Safety Measures: Ensure the apartment is equipped with fire safety systems like fire alarms, extinguishers, and safe exits.
• Seismic Safety: Verify that the building complies with seismic regulations, especially in earthquake-prone areas.
• Flood Risk: Research if the area is prone to flooding during the monsoon season, particularly in low-lying areas.

Bigger the house, bigger the responsibilities

 Here is a look at the aftermath of upgrading to a larger space

Regardless of the size of the current home, many homeowners often nurture the aspiration to move into a bigger home.  However, what’s usually swept under the rug is  the aftermath of owning a large home.  Upgrading to a bigger space also usually means upgrading in terms of amenities that cater to the larger-than-life lifestyle the developers offer.  These and other associated costs are sometimes overlooked by buyers, who may later find it difficult to keep up with the demands of the house.

Owning a large home involves more than just the upfront cost.  Additional expenses typically include higher property taxes due to increased property value, maintenance fees for larger spaces, and heightened utility bills for the extra area.  These ongoing costs should be factored into your budget to avoid financial strain in the long run.  Initially, the attractive pricing during the construction phase might seem like a good deal.  However, it’s essential to consider the long-term financial implications.

“First, check your financial situation - income, expenses and savings.  Make sure you have some money set aside for emergencies.  Aim to keep your debt-to-income ratio at 36 percent or lower.  Having a good credit score (above 700 is a good score) can help you get better mortgage rates.  Also, get the loans pre-approved to find out how much you can borrow.  Ensure that your monthly payments, including taxes and insurance, are reasonable and don’t exceed 28-30 percent of your total income.  Factor in the down payment, which can be 10-20 percent of the home price, as well as closing costs, which usually range between two and five percent.  This is a long-term financial commitment; make sure you can afford it, even after you retire.”

“When buying a larger home, expect higher upfront costs such as down payments, registration fees, and possibly higher interest rates due to the loan size.” 

In addition to this, it comes down to one simple question, do you actually need the larger space?  Usually, the novelty of having a larger space, backed by attractive prices at times motivates buyers to take a leap of faith and buy a bigger home.  “Before moving into a larger premise, carefully evaluate your needs.  A large home might sound appealing initially, but long-term upkeep and utility costs can become a burden.  The bottom line is that a large house can be a great investment, but don’t get swayed by the initial price tag.  Prioritise affordability and long-term financial stability.  Plan meticulously, considering all associated costs, before taking the plunge.”  “Decide if a larger home is necessary - do you need the additional space now or in the future, considering family growth?  How much space will you need, say five years down the line?  Of course, the resale value must be factored in; remember, larger flats are in higher demand and can fetch better value if and when you decide to sell.  But the recurring costs are also higher.  This calls for careful and realistic financial planning.”

In conclusion, buying a larger home is more than just the price tag.  A buyer needs to understand the costs that will eventually follow.  Homebuyers should also consider their loan eligibility and long-term plans before buying a bigger home.  Thus, it is advisable for buyers to make an informed, calculated and well-researched decision before choosing to buy a larger property.

What are the legal aspects of farmland and ownership?

 Here is a look at the legalities of farmland ownership

Owing a piece of land is often seen as one of the best investments possible.  The valuation of the land continues to grow and there is always a possibility of infrastructural growth happening in and around that particular area.  If not for that, one can surely make the most of the land by using it as farmland and generating plentiful yield all year round if done right.  That being said, owning farmland is quite different from buying property or buying just a normal piece of land.  Several laws in place need to be checked for and consulted with before making the purchase.

The nature of farmlands is such that one can cultivate crops and use them for generating business.  Hence this type of land often targets investors who know agricultural land or large businesses whose backbone relies on agricultural produce.  To make sure these lands are protected, there are several laws in place that one must adhere to before investing in farmlands.

 

“The eligibility criteria for purchasing agricultural land in India vary across states, subject to specific laws and regulations.  For instance, Tamil Nadu has no restrictions, allowing anyone to buy agricultural land. The state allows a person to purchase a minimum of 59.95 acres of agricultural land.  In addition, if there has been no agricultural activity on the land in the last 10 years, it can be converted into non-agricultural land.  However, states like Karnataka, Maharashtra, and Gujarat prescribe certain limitations.  Karnataka restricts land purchase to state-based agriculturalists with an income cap of Rs 25 lakh from non-agricultural sources.  In the state of Maharashtra, and Gujarat prescribe certain limitations.  Karnataka restricts land purchase to state-based agriculturalists with an income cap of Rs 25 lakh from non-agricultural sources.  In the state of Maharashtra, only agriculturalists are allowed to purchase land with a ceiling of 54 acres.  Non-agriculturalists need to obtain permission from the district collector to purchase agricultural land.  Similarly, in the state of Odisha, permission must be obtained from a sub-collector/revenue office to buy land belonging to an SC/ST individual by a person from another caste.  Non-native buyers in the state of Himachal Pradesh u/s 118 of HP Tenancy and Land Reforms Act, 1972.

Permissions play a vital role in determining the sale of farmland to the right investor.  Different states have laws for those who can or will be allowed to purchase land in their state.  Unlike buying land normally where an investor can simply purchase land by going through a series of legal steps, in the case of farmlands, the state decides who it can allot the land based on various factors.  “In Karnataka, Tamil Nadu, Andhra Pradesh and Rajasthan there is no permission required to acquire a farmland however , the one major condition is that he/she needs to be a resident citizen of India.  In certain other states like Maharashtra only an agriculturist (either owns an agriculture land anywhere in India directly or through succession or is in the cultivation business) can buy the agriculture land.  In some states you need to be domiciled to buy the agriculture lands, so the laws around owning agricultural lands differ from state to state.  Where the buying of agricultural land is restricted, one needs to obtain permission from the local authorities mentioning the reason to buy”

These laws are in place and applicable to Indian residents who wish to buy farmland.  For NRIs there is a slightly different set of rules.  In most cases, NRIs cannot directly acquire farmland in India and that can only be passed through ancestral property.  “Non-resident Indians (NRIs), Persons of India Origin (PIOs), Overseas Citizens of India (OCIs), and foreign citizens face restrictions outlined by the Foreign Exchange Management Regulations.  These individuals cannot acquire agricultural land but can Inherit it from their ancestors.  However, such land cannot be sold or transferred to ineligible parties and must be used for agricultural purposes”.

Once all the major legalities taken care of and everything is in check, one needs to know the categories of farmlands.  As simple as it may sound, farmlands aren’t restricted to just one type.  There are several categories that farmlands are classified into and they all serve different purposes as per the need and requirement of the investor planning to buy it.

Types of farmlands as follows:

Wedlands:  Typically used for growing paddy and other water-intensive crops, these lands have high moisture content and are often located in regions with substantial rainfall.

Drylands:  Used for cultivating crops that require less water, such as pulses and millets.  These lands are more suited for regions with lower rainfall.

Plantation lands:  Dedicated to growing cash crops like tea, coffee, rubber, and spices, often found in hilly or high rainfall areas.

Horticultural lands:  Used for cultivating fruits, vegetables, and flowers, requiring specific soil and climate conditions.

Pastoral lands:  Primarily used for grazing livestock and maintaining fodder crops.

Fallow lands:  Land left uncultivated for a period to restore its fertility.

Forest lands or eco sensitive lands:  The lands which fall under the gazette notification of Eco-logical parks of India where Agricultural activities are restricted.

Once the buyer finalises the farmland to buy, the next step is to adhere to the legal aspects after checking for state laws for ownership.  The legal step forward is to ensure that all the documents and the purchase of the land go smoothly.

TITLE VERIFICATION AND ENCUMBRANCE CERTIFICATES:

The cornerstone of farmland ownership is verifying the title.  A clear title ensures that the property is free from legal disputes and encumbrances, such as liens or mortgages.  It’s recommended to track the title back at least 40 years to confirm a clean ownership history.  Encumbrance Certificates (EC) are equally important as they disclose any existing liabilities on the property, including mortgages, leases, or restrictive covenants.  This document is essential for confirming the seller’s legitimacy and ensuring no legal obstacles in transferring the property.

Property Tax Receipts and Land Measurement:

Before purchasing farmland, it’s critical to review previous property tax receipts and related bills to avoid future taxation issues. Collecting all past documents, invoices, and tax receipts ensures there are no outstanding dues on the property. A land measurement certificate, obtained from a surveyor, verifies the exact area and boundaries of the agricultural plot as stated in the title deed, ensuring the accuracy and legitimacy of the land purchase.

Essential Documents for Due Diligence: 

• Index of Land 

• Mutation Extract 

• Family Tree History 

• Patta Book 

• Khata Certificate 

• Survey Documents 

• ROR (Record Of Right) 

• Nil tenancy  

• PTCL (Prohibition of Transfer of Certain Lands Act) 

• 79A and B endorsement 

• EC and Mother Deeds

Fencing, Access Paths, and Demarcation:

Proper fencing and clear access paths are vital for securing ownership rights and protecting the property from encroachment. Investors should ensure that farmlands have well-defined boundaries and demarcations to avoid disputes and unauthorised occupation.

Avoiding Real Estate Scams:

The Indian real estate sector, including agricultural land, is prone to scams and frauds. Common warning signs include too-good-to-be-true offers, unclear ownership, and pressure to make quick decisions. Buyers should exercise caution, conduct thorough due diligence, and seek professional advice to avoid falling victim to real estate fraud.

In conclusion, before buying a farmland it is best to get informed about the local laws in place along with the state laws. Further on as things seem favourable, adhere to the laws set in place for farmlands or seek legal assistance to guide you through the process of acquiring a farmland. Farmlands despite being simple are categorised differently and one must be certain of the type of farmland they wish to invest in before making the purchase.

வழிகாட்டி மதிப்பு நிர்ணயிக்கும் அதிகாரம்: சார்-பதிவாளர்களுக்கே மீண்டும் வழங்க முடிவு

 சென்னை: புதிதாக உருவாகும் மனைப்பிரிவுகளுக்கு வழிகாட்டி மதிப்பு நிர்ணயிக்கும் அதிகாரத்தை, சார் - பதிவாளர்களுக்கே மீண்டும் வழங்குவதற்கான பணிகளை பதிவுத் துறை துவக்கி உள்ளது.

தமிழகத்தில் அங்கீகாரமில்லாத மனைப்பிரிவுகளில், மனைகள் விற்க தடை விதிக்கப்பட்டுள்ளது. இதனால், ரியல் எஸ்டேட் நிறுவனங்கள், புதிய மனைப்பிரிவுகளுக்கு நகர் மற்றும் ஊரமைப்பு துறையின் அங்கீகாரம் பெறுகின்றன.

புகார்

அங்கீகாரம் பெற்ற பின், அந்த மனைப்பிரிவு நிலங்களுக்கு, குடியிருப்பு பகுதிக்கான புதிய வழிகாட்டி மதிப்புகளை நிர்ணயிக்க வேண்டும். சில ஆண்டுகளுக்கு முன் வரை, அந்தந்த சார் - பதிவாளர்களே இந்த மதிப்புகளை நிர்ணயித்து வந்தனர். இதில் முறைகேடுகள் நடப்பதாக எழுந்த புகார் காரணமாக, இந்த அதிகாரம் பறிக்கப்பட்டு, மாவட்ட பதிவாளரிடம் ஒப்படைக்கப்பட்டது.

மாவட்ட பதிவாளர்கள், குறிப்பிட்ட கால வரம்புக்குள் புதிய மதிப்புகளை நிர்ணயிக்க வேண்டும் என தெரிவிக்கப்பட்டது. ஆனால், புதிய மதிப்பு நிர்ணயிக்கும் பணிகளை, மிக மிக தாமதமாக மேற்கொள்வதால், வீட்டு மனைகள் விற்பனை பாதிக்கப்படுவதாக புகார்கள் எழுந்தன. இதற்கு தீர்வாக, பதிவுத் துறை புதிய முடிவு எடுத்துள்ளது.

இது குறித்து, பதிவுத் துறை அதிகாரி ஒருவர் கூறியதாவது: 

புதிய மனைப்பிரிவுகளுக்கு, சார் - பதிவாளர்கள் அனுப்பும் பரிந்துரைகள் அடிப்படையில் தான், மாவட்ட பதிவாளர்கள் மதிப்புகளை நிர்ணயிக்கின்றனர்.

இதில் பெரும்பாலான பகுதிகளில், புதிய மதிப்பு நிர்ணயிக்கும் கோப்புகளை, மாவட்ட பதிவாளர்கள் பல மாதங்கள் கிடப்பில் போடுகின்றனர். இதனால், மனைகளை விற்க முடியாமல் வர்த்தகம் பாதிக்கப்படுவதாக, பல்வேறு தரப்பில் புகார்கள் வந்தன.

அதிகாரம்

அதையடுத்து, மதிப்பு நிர்ணயிக்கும் அதிகாரத்தை, மீண்டும் சார் - பதிவாளர்களுக்கு வழங்க முடிவு செய்யப்பட்டுள்ளது.

இதே போன்று, பதிவாகும் பத்திரங்களின் விபரங்களை, வில்லங்க சான்றுக்கான அட்டவணையில் சேர்க்கும்போது ஏற்படும் பிழைகளை திருத்தவும், தற்போது மாவட்ட பதிவாளர்களுக்கே அதிகாரம் உள்ளது.

இந்த அதிகாரத்தையும் சார் - பதிவாளர்களுக்கு வழங்க முடிவு செய்யப்பட்டுள்ளது. இவ்வாறு அவர் கூறினார்.

நன்றி தினமலர் நாளிதழ்

Original parent document not necessary to transfer property, rules Madras High Court

Justices R. Subramanian and R. Sakthivel hold that even non traceable certificate from the police need not be submitted if the original document had been lost

Sub Registrars cannot refuse to register a property transfer document merely because of non production of either the original parent document of the property or a non traceable certificate from the police if the parent document had been lost, the Madras High Court has held.

A Division Bench of Justices R. Subramanian and R. Sakthivel held it would be suffice to submit certified copies of the parent document and that the Sub Registrars could always cross check the genuineness of those copies with the original records available with their office.

The judges pointed out the right to hold property was a constitutional right under Article 300A. Hence, it was a step superior than the fundamental rights because it could not be subjected to restrictions and no one could be deprived of property without a reasonable compensation.

The right to hold property also encompasses the right to deal with the property by way of sale deed, gift deed, release deed and so on. The law relating to transfer of immovable properties was governed by a substantial enactment named The Transfer of Property Act of 1882.

The fundamental principle of law relating to transfer of immovable property was caveat emptor (the principle that the buyer, and buyer alone, is responsible for checking the quality and suitability of goods before a purchase is made), the Division Bench highlighted.

Therefore, the buyers of immovable properties must be careful in not purchasing properties from persons who do not hold a proper title or those which were under encumbrance, Justice Subramaniam wrote while authoring the verdict for the Division Bench.

“Even if a person sells a property that does not belong to him, there is no provision in the Registration Act of 1908 enabling the Sub Registrar to refuse registration except Sections 22-A and 22-B introduced in 2022 by the State legislature insofar as Tamil Nadu is concerned,” the Bench added.

Sections 22-A and 22-B too do not authorise refusal of registration on the ground of non production of the original parent document. However, the Inspector General of Registration (IGR) had given such authorisation to the Sub Registrars through Rule 55-A of the Tamil Nadu Registration Rules.

“We are unable to resist observing that Rule 55-A has been stealthily introduced as a subordinate legislation only to enable Sub Registrars refuse to register instruments indiscriminately,” the Bench said and pointed out that a statutory rule could not be inconsistent with the provisions of the Act.

Though Rule 55-A provides an alternative of submitting non traceable certificates issued by the police if the original parent document had been lost, the judges said, they were conscious of the fact that in the present day scenario, hardly any certificate gets issued without paying a hefty price.

“We should also be conscious of the fact that any certificate from any government department, as of today, comes only at a price for an ordinary citizen. An elaborate procedure has also been fixed for issuance of non traceable certificate. We have come across several instances where, because of the high pricing and the complicated procedure involved in obtaining a non traceable certificate, instances of people obtaining non traceable certificate from the neighbouring States has increased,” the judges wrote.

The judgement was passed while allowing a writ appeal filed by P. Pappu whose release deed, for transferring her rights over ancestral property to her brother, was refused to be registered by the Sub Registrar at Rasipuram in Namakkal district. Her counsel N. Manokaran pointed out the appellant had, however, submitted a certified copy of the parent document issued by the same Sub Registrar’s office.

Finding force in his submissions, the judges said: “When a certified copy has been produced and it is not impossible for the Sub Registrar to have it verified with the original record that is available in his own office, insisting upon a non traceable certificate appears to be rather a wasteful exercise.”

The Bench also wrote: ‘Driving the executant of a document to obtain a non traceable certificate in case of lost document in every case, will only result in encouraging under hand dealings.”

It ultimately set aside the registration rejection order and consequently directed the Sub Registrar to register the release deed executed by the appellant without insisting upon production of the original parent document.

https://www.thehindu.com/news/national/tamil-nadu/original-parent-document-not-necessary-to-transfer-property-rules-madras-high-court/article68775029.ece

Published - October 20, 2024

Thanks: The Hindu