Saturday 29 March 2014

How to obtain Patta and how to verify Patta online in the State of Tamil Nadu?

Patta is the record of land right in Tamil Nadu. It contains entries relating to ownership and extent of land holding. Patta is always issued in Hectares/Ares for Village Properties (Computerised Patta) and in Ares/Sq.mts for City Properties.

Computerised Patta are being issued all over the State of Tamil Nadu for all Village Properties since 2008. However for Properties Situated within Municipality or City, Pattas are still issued manually. The Computerised Patta bears the Signature of Tahsildar or Head Quarters Deputy Tahsildar or Zonal Deputy Tahsildar. Computerised Pattas are issued for Non Corporation, Non Municipal and Non Natham lands. The village name, taluk and survey numbers will be clearly mentioned in a Computerised Patta. The Survey along with sub division numbers, Nanjai land extent, Punjai land extent and other land extent will be mentioned in a tabular form. Date of issue of Computerised Patta will always be  mentioned in the top left side. The emblem of Tamil Nadu Government will also be reflected in the top of the Computerised Patta. English Alphabets or English Initials will not be used in a Computerised Patta and all the details are mentioned only in tamil. Moreover in a Computerised Patta only the name of the Village will be mentioned and the revenue village number will not be mentioned.

Town Survey Land Extract/Field Extract is the Patta equivalent issued in Corporation and Municipal areas. Such Pattas are issued manually and will mention the name of the street, Door number of the Property, owners name and will mention the extent of land in Hectares/Ares/Sq.mts or in Grounds or Sq.mts. (Earlier they were issued in Grounds but nowadays they are only issued in Hec/Ares/Sq.mts). These Pattas bears the Signature of Draughtsman, Head Surveyor and Tahsildar and also a small sketch map of the Property is reflected in the manual Town Survey Land Extract/Field Extract.

How to obtain Town Survey Land Extract/Field Extract (ie manual Patta issued in all the Corporation Limits in the State of Tamil Nadu including Chennai) ?

Firstly, an application in the prescribed format should be submitted to Taluk Reception Officer requesting Patta. The copy of title deeds along with preceeding parent documents and previous patta (if available) along with Encumbrance Certificates for a period of 30 years should be enclosed along with the application form. A receipt will be issued acknowledging the receipt of the Patta application form. Subsequently one has to approach the concerned Surveyor (Sub Inspector of Survey) who will personally visit and measure the Property. If the site does not involve any Sub division, the Surveyor will immediately put up a note to the Taluk Sub Inspector of Survey (also known as TDS) who in turn will forward the note to the Deputy Inspector of Survey (Head Surveyor). The Head Surveyor will take approvals from Head Quarters Deputy Tahsildars or Zonal Deputy Tahsildars and the Tahsildar and orders will be passed for issuance of Patta. subsequently the applicant will have to remit a sum of Rs.20/- in State Bank of India, Treasury Branch and hand over the Challan back to the Taluk Office and the Taluk Assistant will fill up the Patta (manual extract) and the Land Records Draughtsman will draw the sketch from FMB Extract and he will also officially sign in the reverse side of the manual Patta and the Deputy Inspector of Survey (Head Surveyor), Head Quarters Deputy Tahsildar or Zonal Deputy Tahsildar and the concerned Tahsildar will also have to officially sign in the Patta. If the Site require, sub division, the same process will be followed. However initially the applicant will have to remit a sum of Rs.120/- in State Bank of India, Treasury Branch and an order for sub division of land (8A Extract record changes) will have to be issued by the Tahsildar prior to issuing orders for issuance of Patta. The manual Pattas issued in Tamil Nadu for City and Municipality Jurisdictional Properties will soon become Computerised in the middle of this year. At present, Chennai City has 10 Taluk offices (earlier there were 5 Taluks)

How to obtain Computerised Pattas (issued for Non Corporation, Non Municipal and Non Natham lands) in Tamil Nadu?

Tamil Nadu was the third State in India which had computerised most of its land records in the year 2008. (Karnataka was the first state followed by Andhra Pradesh). Earlier an applicant had to approach the concerned Tahsildar office to apply for Patta and the procedure mentioned above for obtaining city Patta is almost similar to the procedure for obtaining Computerised Patta (barring preparation of sketch by Draughtsman- no sketch of the Property is available in a Computerised Patta). However with effect from the year 2011, Government of Tamil Nadu had changed the procedure for obtaining Computerised Patta wherein an applicant will now have to approach the concerned Village Administrative Officer (VAO) on every Mondays and submit the application for issuance of Patta which will be acknowledged by the VAO. In cases which do not involve sub-divisions, applicants will have to approach the taluk office on second Fridays with the original documents for verification and obtain Patta. For cases involving sub-divisions the applicants will have to receive the order of patta transfer on the fourth Friday from the date of submission of application (after the Surveyor makes site inspection). The applicant has to pay the sub division fee on the day of receipt of the order from the Tahsildar. This work would be completed within 30 days.

Steps for Online Verification of Computerised Patta issued anywhere in Tamil Nadu

To verify online, one has to go to www.tn.gov.in  and then click on the link eservices of district offices appearing on the screen.  Bamini Font (Tamil Font) is required to installed. Firstly click View Patta/Chitta Extract and then Select the District, Taluk, Village and also fill up the Computerised Patta number (which are all mandatory). Subsequently the Survey number (any one survey number is enough) along with its Sub division should also be compulsorily filled up. Once these details are filled up, the entire details of all the Survey numbers along with its Sub Division mentioned in the Said Patta (sought for verification) will be reflected on the screen along with the name of the owner of the land. (Note: Only Computerised Pattas can be verified online and not manual Pattas). The said website has also got a facility to verify Poramboke land so as to find out whether any land is owned by Government or Private Parties.

Conversion rates applicable in the State of Tamil Nadu

1 Hectare = 2.471 Acres or 100 Ares
1 Acre = 100 Cents or 43560 Sq.ft
1 Are = 2.471 Cents
1 Cent = 435.60 Sq.ft
1 Ground = 2400 Sq.ft
1 Meter = 3.28 Feet

1 Sq.mt = 10.76 Sq.ft

Shyam Sunder
Advocate, Chennai
09841136901

(Shyam Sunder - Author of Book titled `Property registration, land records and Building Approval Procedures followed in Various States in India- First of its kind Book being Published in India)

Book available in:
Flip Kart (Online)
Land Mark (in all major cities in India)
Chennai – Sitaraman & Co (044-28111516, 28117069), Higginbothams and Odessey
                        Sri Vidya Devi Publishers (044-24936193/9841136901)
Coimbatore – Odessey (Brooksfield Mall)
Bangalore – MPP House (080 – 41136866, 22260706)
Hyderabad – Asia Law House (040 – 24742324)
Mumbai – Students Book Centre (Snow White Publishers – 022 – 22050510/22080668)

The Hindu – Habitat (Property Supplement) – 14th Dec, 2013 - Book Review

Economic Times – 4th Dec, 2013
Only a few states follow good property registration procedures: G Shyam Sunder
G Shyam Sunder, a Chennai-based advocate, points out to the benefits of standardising procedures.
This article can also be accessed if you copy and paste the entire address below into your web browser.
http://economictimes.indiatimes.com/markets/real-estate/news/only-a-few-states-follow-good-property-registration-procedures-g-shyam-sunder/articleshow/26851644.cms?intenttarget=no&mailtofriend=yes

Times of India – 1st Dec, 2013

The New Indian Express – 21st Nov, 2013

Nanayam Vikadan – 15th Dec, 2013 (leading Tamil Financial Weekly)

Dinamalar – 19th Nov, 2013, 19th Dec, 2013 and 12th Jan, 2014 http://www.dinamalar.com//district_detail.asp?id=852526&dtnew=11/19/2013

Business Line – 23rd Nov, 2013

Business Line – 28th Dec, 2013

Indian Express- 8th March, 2014 and 22nd March, 2014 (Mumbai Edition)


Financial Express – 9th March 2014

Times of India – 7th March, 2014

Thursday 6 March 2014

FSI and FAR Norms for residential building construction across India

The land measurement terminology differs across states in India. In many states, the measurement terms for an Acre differs. For Example,

a) In Assam, 1 Acre = 3 Bighas and 8 Chains
b) In Bihar, 1 Acre = 1 Bigha and 12 Kattas (or) 32 Kattas (or) 100 Decimals
c) In Haryana, 1 Acre = 4 Bigha and 16 Biswa
d) In Himachal Pradesh, 1 Acre = 5 Bigha
e) In Jharkhand, 1 Acre = 3 Bigha or 100 Decimals
f) In West Bengal, 1 Acre = 100 Decimals
g) In Odisha, 1 Acre = 100 Decimals (in Cuttack area) and 1000 Decimals (in Bhubaneshwar area)

Local terminology used for measurement of land in various States in India (common terminology is Hectares/Acres for Village Properties and Square feet or Square mts for city Properties in most states in India). But in realty, local terminology is used for land measurement in many States in India and the names of these local terminologies predominantly used for village/rural area Properties (apart from Acres are) : 

Tamil Nadu - Hectares/Ares (locally the word cent is mainly used in many Districts for land measurement).
Puducherry - Cawnie/Kuzhi/Centiar/Veesam
Kerala – Cents and Square feet
Andhra Pradesh – Guntas and Sq.yards (in few Districts in AP, land is measured by the term Anganam)
Karnataka and Maharashtra (Rural areas) – Guntas
Gujarat – Hectares/Ares/Guntas and Sq.mts/Sq.yard for city Property
Odisha – Decimal
Bihar and Jharkhand – Katta and Decimal
Assam – Katha, Bigha and Lessa
Himachal Pradesh and Uttar Pradesh – Bigha
Rajasthan – Bigha and Biswa
Haryana – Bigha, Biswa, Biswani, Kanal and Marla
West Bengal – Decimal, Cottah, Sadak and Bigha

Note: 1 Hectare = 2.471 Acres or 100 Ares
          1 Acre = 43560 Sq.ft (in some states, 1 Acre = 43636 Sq.ft)
          1 Sq.mts = 10.76 Sq.ft

All States do not follow a common policy as bench mark for Building Construction. In Some states, FSI (Floor Space Index) is used and in some States FAR (Floor area ratio) is used.

FSI (Floor Space Index) = Built up area allowed in proportion to land holding extent
FAR (Floor Area Ratio) = Gross Floor area/Area of the Plot
                                           (Gross Floor area is the total floor area on all floors of a Building)

There is no great difference between FSI and FAR

In FSI, Maximum Plot coverage ratio will not be mentioned separately per floor but whereas in FAR, Plot Coverage ratio will be separately mentioned per floor

Plot Coverage ratio = Maximum built up area at any floor X 100%
                                   Plot area

Examples

1) Maximum Permissable FSI = 1.5

For 2400 Sq.ft of land, when max Perm FSI is 1.5, maximum constructed area shall be 2400 x 1.5=3600 Sq.ft (FSI will not specify Floor wise construction). This total extent can be constructed in any number of floors subject to road and building height restrictions. (say the entire 3600 Sq.ft can be constructed in any number of floors in any manner subject to road extent and height restrictions- say 1600 Sq.ft in Ground Floor and 2000 Sq.ft in First Floor (or) 1000 Sq.ft in Ground Floor,  1500 Sq.ft in First Floor and 1100 Sq.ft in Second Floor)

2) Maximum Permissable FAR = 1.5, Maximum Plot Coverage ratio = 75%

For 2400 Sq.ft of land, when Max Perm FAR = 1.5, maximum constructed area of building shall be 2400 x 1.5 = 3600 Sq.ft. However when maximum Plot coverage ratio is mentioned as 75%, then the building built up area can't exceed 75% area of the total area in each floor which means that not more than 1800 Sq.ft can be constructed in each floor.

In short, under FSI concept, maximum Floor area extent (per floor) will not be separately mentioned (however the total built up area on all floors should not exceed the maximum permissible limit) but in FAR, the maximum built up extent per floor will be calculated and clearly mentioned and one can't exceed that limit for each floor. 

FSI/FAR Norms followed for Residential Buildings across India

In India, FSI is used in Tamil Nadu, Maharashtra and Gujarat
FAR is used in Andhra Pradesh, Karnataka, Kerala, Assam, Delhi, Haryana, Madhya Pradesh, Odisha and Rajasthan

Maximum permissible FSI limits for residential purposes
Tamil Nadu - 1.5
Maharashtra - 1.33 (lowest in India)
Gujarat        - 2.00 (However in Gujarat, in certain earth quake seismic zones, FSI is very low)

(However separate premium FSI of 1.00 is available on payment on extra fees in Tamil nadu and Maharashtra subject to compliance of many conditions like road width, plot area etc). For Group Housing and Multi Storied Housing, additional FSI is permitted under certain norms)

Maximum Permissible FAR limits for residential purposes 
It differs from State to State in India. It depends on the maximum permissible height of the building as well and various other parameters like road width, plot area, density of population etc. (For Group Housing and Multi Storied Housing, additional FAR is permitted under certain norms)  
Assam - FAR ranges between 1.75 and 2.00
Delhi - 2.00 (for new Co-op societies) and 3.50 (for plot area exceeding 175 Sq.ft provided only 4
                                                                             Floors height with 15 mts building can be constructed)
Haryana - FAR ranges between 1.00 and 1.45
Himachal Pradesh - Between 1.50 and 1.75
Karnataka - Between 1.00 and 2.50 (2.50 FAR for Group Housing above 0.80 Hectares of land)
Kerala - Between 2.00 and 2.25
Madhya Pradesh - Between 0.75 and 2.00
Odisha - Between 1.00 and 2.75
Rajasthan - Between 1.20 and 2.40

In Madhya Pradesh and Karnataka, density of population is also taken into account for calculation of FAR like in Karnataka, FAR differs between thickly density area, moderate density area and sparse density area and in Madhya Pradesh, FAR differs between Gross Residential Density persons per Hectare. 

Additional Information

FAR (Floor Area Ratio) term is also used in Canada and United States of America.
The term Plot ratio (which is almost similar to FSI), is used in parts of Australia, Singapore and United Kingdom

Shyam Sunder
Advocate, Chennai
09841136901

(Shyam Sunder - Author of Book titled `Property registration, land records and Building Approval Procedures followed in Various States in India- First of its kind Book being Published in India)

Book available in:
Flip Kart (Online)
Land Mark (in all major cities in India)
Chennai – Sitaraman & Co (044-28111516, 28117069), Higginbothams and Odessey
             Sri Vidya Devi Publishers (044-24936193/9841136901)
Coimbatore – Odessey (Brooksfield Mall)
Bangalore – MPP House (080 – 41136866, 22260706)
Hyderabad – Asia Law House (040 – 24742324)
Mumbai – Students Book Centre (Snow White Publishers – 022 – 22050510/22080668)

The Hindu – Habitat (Property Supplement) – 14th Dec, 2013 - Book Review

Economic Times – 4th Dec, 2013
Only a few states follow good property registration procedures: G Shyam Sunder
G Shyam Sunder, a Chennai-based advocate, points out to the benefits of standardising procedures.
This article can also be accessed if you copy and paste the entire address below into your web browser.
http://economictimes.indiatimes.com/markets/real-estate/news/only-a-few-states-follow-good-property-registration-procedures-g-shyam-sunder/articleshow/26851644.cms?intenttarget=no&mailtofriend=yes

Times of India – 1st Dec, 2013

The New Indian Express – 21st Nov, 2013

Business Line – 23rd Nov, 2013

Nanayam Vikadan – 15th Dec, 2013 (leading Tamil Financial Weekly)

Dinamalar – 19th Nov, 2013, 19th Dec, 2013 and 12th Jan, 2014 http://www.dinamalar.com//district_detail.asp?id=852526&dtnew=11/19/2013

Sunday 23 February 2014

AGRICULTURAL LAND (PURCHASE & RESTRICTIONS) IN VARIOUS STATES IN INDIA INCLUDING PROCEDURES FOR CONVERSION AND RESTRICTIONS FOR PURCHASE OF CERTAIN KIND OF LAND IN FEW STATES

Various States in India follow different procedures with respect to Purchase of Agricultural land. In some States in India, only an Agricultarist can Purchase an Agricultural land but in certain other States, there is no restriction for Purchase of Agricultural land.

Non Resident Indians (NRI) and Persons of Indian Origin (POI)

All over India, NRI’s, PIO’s and Overseas Citizens of India can’t Purchase Agricultural land/Plantation Property/Farm House. However they can inherit Agricultural lands.

Tamil Nadu

In Tamil Nadu, there is no restriction for Purchase of any Agricultural land. Anyone can Purchase an Agricultural land. However the maximum extent of land which can be Purchased is 59.95 Acres of land. In Tamil Nadu, an Agricultural land (dry land) can be converted into a Non agricultural land by the orders of the District Collector provided that no Agricultural activity had been carried out in the said land during the last 10 years prior to the date of conversion.

Karnataka

Only an agricultarist can purchase an agricultural land in the State of Karnataka. Non agricultarist cannot buy an agricultural land in the State of Karnataka. Non Agricultarist is a person whose income from any source exceeds Rs.2 lakhs/annum. However under Section 109 of Karnataka Land Revenue Act, 1964, Social or Industrial Organisation can Purchase an Agricultural land in the State of Karnataka with the previous permission of the Government of Karnataka.

Kerala

Like in Tamil Nadu, anyone can Purchase an Agricultural land in the State of Kerala. The maximum Ceiling limit of land area as per Kerala land reforms Act, 1963 is as follows (It is also applicable for Agricultural land)
a     a)     In case of an adult unmarried person or a family consisting of a sole surviving member, five standard              acres and that however the ceiling area shall not be less than six and more than seven and half acres in            extent
       b)  In the case of a family consisting of two or more but no more than five members, ten standard acres               and that however the ceiling area shall not be less than twelve and more than fifteen acres in extent
       c) In the case of a family consisting of more than five members, ten standard acres increased by one                 standard acre for each member in excess of five and that however the ceiling area shall not be less than          twelve and more than twenty acres in extent
      d) In the case of any other person, other than a joint family, ten standard acres and that however the ceiling        area shall not be less than twelve and more than fifteen acres in extent

Maharashtra

Only an Agricultarist can purchase an Agricultural land in the State of Maharashtra. However in case if a person holds an Agricultural land anywhere else in India, he can still be deemed an Agricultarist in the State of Maharashtra. The maximum ceiling limit on Purchase of Agricultural land in Maharashtra is 54 Acres.

Gujarat

Agricultural lands can’t be Purchased by a Non Agricultarist in the State of Gujarat. Earlier only Agricultarist in the State of Gujarat could Purchase an Agricultural land in the State of Gujarat but in 2012, the Gujarat High Court had ordered that any Agricultarist in India can Purchase an Agricultural land in Gujarat.

Madhya Pradesh and Rajasthan

In the States of Madhya Pradesh and Rajasthan, there are no restrictions for Purchase of Agricultural land. Earlier under Section 17 of the Imposition of Ceiling on Agricultural Holdings Act, 1973, there were certain ceiling limits on buying Agricultural land from the `Khatedars’ the State of Rajasthan and the provisions of this section were amended in the year 2010 wherein anyone can Purchase an Agricultural land in the State of Rajasthan now. However one has to apply for conversion within a year from acquisition and commence the proposed non agricultural use within 3 years from the date of conversion in Rajasthan.

Haryana

The State of Haryana had declared certain areas as Controlled areas and in case of Purchase of any Agricultural land in these Controlled areas for non Agricultural purposes, it requires obtaining Change of Land Use from the Government of Haryana. 

Himachal Pradesh

Only an agricultarist belonging to the State of Himachal Pradesh can purchase an agricultural land in the State of Himachal Pradesh. Outsiders can’t purchase Agricultural land in the State of Himachal Pradesh without obtaining the prior permission of the Government of Himachal Pradesh u/s 118 of HP Tenancy and Land Reforms Act. Also the maximum land ceiling limit in the State of Himachal Pradesh is 160 Bighas or 32 Acres

Uttar Pradesh

The maximum ceiling limit for Purchase of an Agricultural land in the State of Uttar Pradesh is 12.50 Acres.

West Bengal

Under the West Bengal Land Reforms Act, private ownership of agricultural land in the state is capped at 17.5 acres for irrigated areas and 24.5 acres for areas that are only rainfed; in urban areas, private ownership is capped at 7.5 cottahs or one-eighth of an acre. Only “tea gardens, mills,  workshops, livestock breeding firms, poultry farms, dairies and townships” are exempt from the restrictions of the land reforms Act.

     RESTRICTIONS ON SALE OF LAND ALLOTTED TO SC/ST BY GOVERNMENT

     In many States in India, land allotted by Government to a Schedule Caste/Schedule Tribe
     person can’t be sold without the previous permission of the respective State Government. It is
     advised to closely look into the Allotment clauses since certain states impose restrictions on
    subsequent transfer of such lands to a general caste person (other than SC/ST) and also there
    would be certain minimum number of years within which such lands allotted can’t be sold and
     it differs from State to State.

     SPECIAL RESTRICTIONS FOR TRANSFER OF LAND BELONGING TO A SC/ST
     IN THE STATES OF WEST BENGAL, ODISHA AND JHARKHAND

     West Bengal and Jharkhand

Previous Permission of the District Collector/Magistrate is required for Sale of land belonging to a  Schedule Caste/Schedule Tribe to a General Caste Person in the States of West Bengal and Jharkhand. However no such permission is required if a Schedule Caste Person Sells his land to another Schedule Caste  Person or if a Schedule Tribe Person sells his land to another Schedule Tribe Person.

Odisha

Previous Permission of the Sub Collector Cum Revenue Officer is required for Sale of land belonging to a Schedule Caste or a Schedule Tribe Person to a General Caste Person. This Permission is required even if a Schedule Caste Person sells land to a Schedule Tribe Person. However no such permission is required if a Schedule Caste Person Sells his land to another Schedule Caste Person. Moreover in Schedule Tribe Land Notified area, nobody can transfer the land belonging to a Schedule Tribe Person.

Shyam Sunder
Advocate, Chennai
09841136901

(Shyam Sunder - Author of Book titled `Property registration, land records and Building Approval Procedures followed in Various States in India- First of its kind Book being Published in India)

Book available in:
Flip Kart (Online)
Land Mark (in all major cities in India)
Chennai – Sitaraman & Co (044-28111516, 28117069), Higginbothams and Odessey
             Sri Vidya Devi Publishers (044-24936193/9841136901)
Coimbatore – Odessey (Brooksfield Mall)
Bangalore – MPP House (080 – 41136866, 22260706)
Hyderabad – Asia Law House (040 – 24742324)
Mumbai – Students Book Centre (Snow White Publishers – 022 – 22050510/22080668)

The Hindu – Habitat (Property Supplement) – 14th Dec, 2013 - Book Review

Economic Times – 4th Dec, 2013
Only a few states follow good property registration procedures: G Shyam Sunder
G Shyam Sunder, a Chennai-based advocate, points out to the benefits of standardising procedures.
This article can also be accessed if you copy and paste the entire address below into your web browser.
http://economictimes.indiatimes.com/markets/real-estate/news/only-a-few-states-follow-good-property-registration-procedures-g-shyam-sunder/articleshow/26851644.cms?intenttarget=no&mailtofriend=yes

Times of India – 1st Dec, 2013

The New Indian Express – 21st Nov, 2013

Business Line – 23rd Nov, 2013

Nanayam Vikadan – 15th Dec, 2013 (leading Tamil Financial Weekly)

Dinamalar – 19th Nov, 2013, 19th Dec, 2013 and 12th Jan, 2014 http://www.dinamalar.com//district_detail.asp?id=852526&dtnew=11/19/2013

Wednesday 5 February 2014

Check List for Purchase of New and Second Hand Apartments

GENERAL CHECK LIST FOR PURCHASE OF VARIOUS TYPE OF PROPERTIES

Normally Advocates conduct title investigation verification to their Clients. In many instances, intending Purchasers (incl buyers of Apartments) who avail loan to Purchase Properties do not know what documents should be possessed by them since they feel that the Bank which lends loan to them will take care of the required title documents. This is not a disputed fact. However in the better Interest of the buyers of Property, the following are the general documents which should be verified or scrutinized (rough broad parameters)

I - For Purchase of New Apartments
a)      Check Preceeding Parental Documents for last 30 years
b)      Check Original title deed documents in the name of the present owner
c) Check latest Patta/Pahani/RTC/Khasra/Khatian/Khatauni/Jamabandi/Thandaper/7/12 Extract (whichever land revenue record applicable in the respective state) issued in the name of the present owner
d)     Check Field Map Sketch (FMB Sketch) of the land
e)  Check Copy of Layout Proceedings issued by the appropriate authority along with layout plan copy with seal of the appropriate local body and permit issued by the appropriate authority (for layout or scheme) – wherever applicable
f)     Check Copy of Gift Deed executed in favour of local body (for Open Space Reservation and Roads) in case if the layout or scheme land exceeds certain specific area prescribed by the respective state – wherever applicable
g)      Cross Check the genuineness of present owner land revenue record online (if available in respective States)
h)      In case if the Builder is not the owner, check the Development Agreement entered into between the Builder and the Owner and also check whether the Owner has granted Power of Attorney in favour of the Builder. Ascertain the extent to which the owner has given power to the Builder (whether to sell all the developed Flats or only specific number of Flats)
i)     Obtain Certified Copy of the latest title deed by which the owner had acquired the title to the Property from the records of the concerned sub registrar office having jurisdiction over the Property to be Purchased (Genuineness of any document can be ascertained only when certified copy of the same is obtained from the records of Sub Registrar Office and compared with the Original)*
j)        Obtain Permits issued for construction of building along with copy of sanctioned building plan along with seal of the appropriate authority
k)      Check whether the total number of Apartments Constructed tallies with the number of Apartments mentioned in the Permit issued for Approval. The General Thumb Rule is that for each Apartment, there will be only one Kitchen. Count the total number of Kitchens shown in the Approved Drawing Plan and this will reflect the total number of Apartments for which permission had been issued for Construction.
l)        The Builder/Developer should not retain any Undivided Share of land (unless any Flat is allotted to him) nor should have any terrace rights over the constructed building. Check whether the Construction Agreement is free from these Clauses.
m)    For Societies (mainly in the State of Maharashtra), check Conveyance Deed executed in favour of Society/Condominium concerned. Also Check the Occupancy Certificate (or) Allotment/Possession Letter issued in favour of the member of the Society along with the Share Certificates issued by the Society. Also check Membership Details in the Society.
n)      In case if any loan is availed from any Bank/FI by the Builder/Developer, ensure that NOC for Sale of the Apartment is obtained from the concerned Bank/FI. Also ensure that the payment transactions to the Builder/Developer are routed only through that Bank/FI which had granted loan to the Builder/Developer
o)      Obtain Non Encumbrance Certificate (Computerised or Manual - wherever applicable) for last 30 years

II - For Purchase of Second Hand Apartments
a)      All the Check list mentioned for Purchase of new Apartment
b)      Obtain latest Original Property tax receipt, Water tax receipt and Electricity Charges receipt issued in the name of the present owner
c)      In most cases for Purchase of Second Hand Apartments, the Parent Documents will be Xerox and only the Original Sale Agreement and Original Construction Agreement executed with the Builder/Developer and Original Sale Deed document executed in favour of the first Purchaser shall alone be available.


How to detect property fake documents?
How to ascertain title genuineness of land, Apartments and other kind of Properties?
How to verify online ownership of land in various states in India?
How to know Building Approval Procedures followed in Various States in India?


Book titled `PROPERTY REGISTRATION, LAND RECORDS AND BUILDING APPROVAL PROCEDURES FOLLOWED IN VARIOUS STATES IN INDIA’ will have answers for all the above said queries. (Author: G.Shyam Sunder, Advocate, Chennai, Ph:09841136901)

Book available in:
Flip Kart (Online)
Land Mark (in all major cities in India)
Chennai – Sitaraman & Co (044-28111516, 28117069), Higginbothams and Odessey
             Sri Vidya Devi Publishers (044-24936193/9841136901)
Coimbatore – Odessey (Brooksfield Mall)
Bangalore – MPP House (080 – 41136866, 22260706)
Hyderabad – Asia Law House (040 – 24742324)
Mumbai – Students Book Centre (Snow White Publishers – 022 – 22050510/22080668)


The Hindu – Habitat (Property Supplement) – 14th Dec, 2013 - Book Review

Economic Times – 4th Dec, 2013
Only a few states follow good property registration procedures: G Shyam Sunder
G Shyam Sunder, a Chennai-based advocate, points out to the benefits of standardising procedures.
This article can also be accessed if you copy and paste the entire address below into your web browser.
http://economictimes.indiatimes.com/markets/real-estate/news/only-a-few-states-follow-good-property-registration-procedures-g-shyam-sunder/articleshow/26851644.cms?intenttarget=no&mailtofriend=yes

Times of India – 1st Dec, 2013

The New Indian Express – 21st Nov, 2013

Business Line – 23rd Nov, 2013

Nanayam Vikadan – 15th Dec, 2013 (leading Tamil Financial Weekly)

Dinamalar – 19th Nov, 2013, 19th Dec, 2013 and 12th Jan, 2014 http://www.dinamalar.com//district_detail.asp?id=852526&dtnew=11/19/2013