Delhi has the worst practices across India in the Registration Department

The State of Andhra Pradesh has the best practices all over India in the Registration and Town and Country Planning Departments. Unfortunately the Union Territory of Delhi follows the worst practises in India. The documents presented for registration are not scanned, computerised non encumbrance certificates are not issued in Delhi, the Circle rates (Govt fixed Property values) can’t be verified online in Delhi and also the land records in Delhi (Khatauni/Jamabandi Extract) can’t be verified online in Delhi. Moreover Delhi is the only city in India where an Architect (empanelled with DDA) can themselves grant building approvals for certain kind of Properties but whereas all over India only the concerned local body grants building approval sanctions. The only silver lining for Delhi is that it has a low stamp duty rate of 4% in case of Properties Purchased in the name of females.

No scanning of Sale Deed documents presented for registration in Delhi

Scanning of Sale Deed documents presented for registration are presently done in the States of Andhra Pradesh, Bihar, Assam, Gujarat, Jharkhand, Karnataka, Maharashtra, Odisha, Tamil Nadu and West Bengal. However this facility do not exist in Delhi. Moreover the Non Encumbrance Certificates are issued manually in Delhi but whereas the States of Andhra Pradesh, Tamil Nadu, Karnataka, Kerala, Gujarat and Odisha issues a Computerised Non Encumbrance Certificate by the concerned registration department.

No facility for online verification of Circle rates and land records in Delhi

The Circle rates (Govt fixed Property values) can’t be verified online in Delhi and that however this facility is available in Andhra Pradesh, Bihar, Haryana, Jharkhand, Karnataka, kerala, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Tamil Nadu and Uttar Pradesh.

Moreover the land records can’t be verified online in Delhi but whereas in many other states like Tamil Nadu, Karnataka, West Bengal, Uttar Pradesh, Madhya Pradesh, Rajasthan, Haryana, Odisha, Maharashtra, Himachal Pradesh and Bihar (only for 10 Districts) have facility for online verification of the land ownership records for various kind of Properties situated in that respective state.

Suggestion of various measures which needs to be taken for Improvement of the existing practises in the Registration, Revenue and Building Approval Procedures followed in Delhi to prevent the occurance of frauds and forgery:

a) The documents presented for registration should be compulsorily scanned before returning the duly registered documents to the concerned parties.

b) In many States, relevant revenue records like Jamabandi, Khasra Extract should be mandatorily produced at the time of registration of Sale Deed. It should be made mandatory that Khatauni/Jamabandi Extract issued in the name of the seller should be produced prior to registration of any Sale Deed documents in the entire State of Delhi. 

c) States like Gujarat, Madhya Pradesh, Uttar Pradesh, Andhra Pradesh etc have ensured that Photos of the Property purchased under a Deed of Sale should be attached in the Sale Deed. This practice can also be introduced in Delhi

d) Computerised Encumbrance Certificates are issued in Andhra Pradesh for the period from 01.01.1980 onwards and in Tamil nadu from 01.01.1987 onwards. Likewise Steps should be taken to ensure that Computerised Encumbrance Certificates are issued in Delhi for the last 30 years.

e) Steps should be taken to ensure that details relating to execution of Power of Attorney or Wills should also be reflected in the Computerised Encumbrance Certificates.

f) Online Search for eEncumbrance and General Power of Attorney is available in the State of Andhra Pradesh. This online search facility can also be introduced in the State of Delhi

g) The prevailing Stamp duty rates along with registration fees applicable in the State of Delhi should be mentioned in the registration department website

h) The system followed in Puducherry relating to noting the subsequent registered document numbers in the previous preceeding parent documents for easy tracking the chain of title link can be introduced in Delhi also

i) Differently abled persons can be given certain stamp duty reduction. 1% reduction in Stamp duty for persons with 40% or more disability is in force in the State of Rajasthan.

j) Khatauni Extract should be fully computerized and made available for online verification.

k) All the earlier land layouts for colonies issued by appropriate authorities including DDA should be made online for easy verification for the general public.

l) Building Permits issued by DDA or MCD should be made available for online verification

m) In the State of Andhra Pradesh, Builders/Real Estate Developers should be compulsorily licensed with the Government for doing projects anywhere in the State. This can be introduced in Delhi as well.

n) Land classification map (residential or commercial or industrial or agri etc) for all the villages lying within the Union Territory of Delhi should be made available online. 

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:

a) Flip Kart (Online)

b) Land Mark (in all major cities in India)

c) Chennai – Sitaraman & Co (044-28111516, 28117069), Higginbothams and Odessey

                            Sri Vidya Devi Publishers (044-24936193/9841136901

      d) Coimbatore – Odessey

      e) Bangalore – MPP House (080 – 41136866, 22260706)

      f)  Hyderabad – Asia Law House (040 – 24742324)

      g) Mumbai – Students Book Centre (Snow White Publishers – 022 – 22050510/22080668)

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

http://www.thehindu.com/features/homes-and-gardens/q-and-a/a-guide-to-realty/article5455252.ece

Economic Times – 4^th 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.

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Times of India – 1^st Dec, 2013

http://articles.timesofindia.indiatimes.com/2013-12-01/chennai/44618823_1_ec-states-and-union-territories-departments

The New Indian Express – 21^st Nov, 2013

http://newindianexpress.com/cities/chennai/A-one-point-reference-for-property-and-land-records/2013/11/21/article1901988.ece

Business Line – 23^rd Nov, 2013

http://www.thehindubusinessline.com/industry-and-economy/real-estate/watch-out-when-you-buy-property/article5379637.ece

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

http://www.vikatan.com/new/article.php?module=magazine&aid=90315

http://nanayam.vikatan.com/index.php?aid=4337

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

http://www.dinamalar.com/splpart_detail.asp?id=93&dtnew=12/19/2013

http://epaper.dinamalar.com/PUBLICATIONS/DM/DINAMALAR/2014/01/12/ArticleHtmls/12012014408018.shtml?Mode=1  (Book Review)