Property registration, land records & Building Approval Procedures in India: March 2014

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) – 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.

click here to read the full article >>

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 – 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

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)

Business Line – 23^rd Nov, 2013

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

Business Line – 28^th Dec, 2013

http://www.thehindubusinessline.com/money-wise/personal-finance/pitfalls-in-buying-farmland/article5512471.ece

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

http://indianexpress.com/article/business/business-others/towards-a-common-standard/

http://epaper.indianexpress.com/246403/Indian-Express-Mumbai/22-March-2014#page/14/2

Financial Express – 9^th March 2014

http://m.financialexpress.com/news/risk-factors-all-about-property-measurements/1232133/

Times of India – 7^th March, 2014

http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOICH/2014/03/07&PageLabel=6&EntityId=Ar00601&ViewMode=HTML

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