PROPERTY TRANSACTION ======================== 1. Buyers of land must take note of ownership, legal status and classification of the property before investing their lifetime savings. In most cases, innocent buyers of land never look into a document called ‘A’ register of the year 1911, which is available in all collector offices in the state. The ‘A’ Register will indicate the survey number, nature of land [ wet or dry], name of the owner of the land and so on. ‘A’ register gives ownership details as of 1911. The ‘A’ register is the earliest record of lands located in Tamil Nadu villages. One can get a certified copy of the particulars of survey numbers from the collector office. After getting ownership details as recorded in the ‘A’ Register, buyers should then apply for encumbrance certificates to establish ownership chain since then. This would settle all ownership issues that have come up largely due to mistakes introduced in land records in a government exercise. In 1985 and 1986, the government of TN undertook a massive exercise of updating records of lands in every village in order to carry out necessary changes in ownership that took place since 1911. This was called Updating Registry Scheme (UDR). Though a laudable scheme, the temporary staff members appointed for the purpose did not carry out the work properly. As a result, many wrong entries were made regarding ownership, and pattas were issued on the basis of these entries. In 1989, in order to rectify the anomalies, a GO directed that affected parties with proof of documents of ownership could rectify any mistakes in the UDR Scheme. The power to do this has been given to the DRO. Till date, several such cases are pending before the DRO to rectify mistakes in the UDR. Most of the civil suits pending before various courts are due to wrong entries in UDR and the resulting issuance of pattas to wrong persons on the basis of wrong entries. 2. If both parties agree to terminate the sale agreement, they have to first draft a cancellation deed on a Rs.100 stamp paper stating the end of the earlier purchase agreement along with reasons. The document has to be registered with the registrar and a nominal amount has to be paid. The maximum amount paid for registering the cancelled deed cannot exceed Rs.30,000. Once the deed of cancellation is registered, the seller can resell his property to a third party. In case of disputes the seller has to approach the Court. A deed of rectification comes in handy if a buyer has registered the property in a wrong name or has made an error in the property details while registering. “However, if he has mistakenly mentioned a lesser area, he would have to pay stamp duty and registration amount for the additional area.” The deed of rectification, which is drafted on a Rs.100 stamp paper, needs to be registered by paying a nominal amount. 3. Plinth area, commonly called carpet area, is actually the wall to wall area within the house. Built-up area includes not just the carpet/plinth area of the property, but also the area occupied by the walls of the house. Super built-up area of any property includes carpet area of the said property and also takes into account all the area under the common spaces of the building. This area includes that apartment’s proportionate share of the entrance, staircase, elevator and the corridor outside the apartment. 4. UDS is the part of land which is associated to an individual apartment and registered in the name of the apartment owners. This share of land has no specific boundaries within the total extent of the land on which the apartment is built. Every flat in the complex has an associated UDS. The sum of all the UDS in the complex is equal to the total land area of the apartment complex. UDS is usually calculated as a percentage of the apartments’ super built-up area to the total super built-up area of all the apartments. 5. Gramanatham is a high level lands which is uncultivable and is amidst agricultural fields. These were being enjoyed by the tillers of the adjacent fields for their residential purpose. Natham means residence. Hence it cannot be used for any purpose other than for residence. Even in chitta under Natham Land tax scheme, it will be noted as Gramanatham. Approval for construction of residential building can be obtained. Natham Porambokku is the Natham land under govt control and can be assigned to anyone who is in possession of that land. It cannot be used by builders for commercial construction. For more details click this link : saroassociates.in/wordpress/service/basic-laws/transfer-property/
Posted on: Fri, 05 Dec 2014 12:42:57 +0000
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