EC are not being issued in time and the staff do not respond properly. What to do?

EC are not being issued in time and the staff do not respond properly to requests. What to do? Frequently Asked Questions – FAQs on Property Registration Question:  'Encumbrance Certificates' are not being issued in time and the staff also do not respond properly to our requests. Ans.   It is true that issue of encumbrance certificate takes time, as the entries are searched manually before 1987. From 1987 onwards encumbrance certificates are issued on the spot.  Special counters have been opened to receive applications &  certificates are issued on demand without delay.  It is also noticed that in some offices, having heavy registration work load, the staff may not complete all the search and making EC on the same day. In such cases, the EC should be returned at the earliest possible time, but not later than 3 days.  Applications for Encumbrance Certificate for selected offices in Chennai can be submitted through Online Application Form and the Encumbrance Certificate will be delivered at your door step.

Question:   What is Guideline Value? How to ascertain? Ans.  Guideline Value of any land should truly reflect the market value. Guideline values have been fixed for all the areas in the Tamilnadu State.   Well established residential areas have only street based guideline values.  The guideline values have been fixed for each survey number.  This will remain unchanged till the next revision.   This guideline value help the registering officer in the detection of prima facie under valuation of property.  In most of the places, the guideline value is lower than the prevailing market value.  In a few places, the guideline value may be unreasonably higher than the market value.  Such cases should be brought to the notice of the Inspector General of Registrations for correction of anomalies.  There is a committee at State level which finally approves reduction in such issues after perusing the recommendation of the Sub Committee headed by concerned District Collectors.   The guideline values are hosted on the website  http://www.tnreginet.net. Moreover the guideline value registers have been supplied to traders association and other forums for information.  The  guideline value is a public document.  In all offices through STAR facility the guideline values can be ascertained free of cost for any  property on the counters.

Question: What is an encumbrance certificate? Why do we need? Ans.   The encumbrance certificate (EC) contains all the transactions registered relating to a particular property for a period (as required).  It is advisable to get encumbrance certificate before effecting any transactions as it will give information about previous transactions.  This will also help in arriving at proper entitlement of the                 property.

Question:  Is there any time limit prescribed for return of document?  If so, what is the monitoring mechanism? Ans.    Yes.  The following time limit for return of documents have been prescribed. 1.      The documents not requiring  inspection by registration department officials      ...   same day 2.      The documents requiring inspection of building alone time limit for finishing field inspection   - 21 days 3.      The documents which require field inspection to identify whether the property conveyed is agricultural or residential (in cases where agricultural properties below 20 cents sold it is compulsory)    - days 4.      Conversion of agricultural land to residential - fixation required   - 21 days 5.      For referring documents requiring fixation of market value by SDC (Stamps)   -   21 days 6.      The time taken by SDC (Stamps) in fixation of market value will be   -   4 month (maximum)

Question:  What is the definition of 'family' for availing concession in stamp duty under the Indian Stamp Act? Ans.     The family member includes father, mother, husband, wife, son, daughter, brother, sister and grand child.   The relationship should be traced from the owner of the property prior to transaction.

Question:  How to find out the stamp duty payable? Ans.     The website contains Guideline value and Stamp duty payable.  Even counters in sub registrar offices have been opened for replying to such queries.

Question: There have been cases of impersonations in the past. What are the measures  contemplated by the Department to prevent such practices? Ans.     Even though the sub registrars have been asked to satisfy themselves about the identityof  executants, yet some persons manage to escape from the eyes of the registering officer.  The following are the measures taken by the Department to prevent impersonation (i)                  Photos of the seller / buyer are affixed (ii)                Finger prints of executants are obtained (iii)                For power of attorney even witnesses have to produce photo and ID card.      If any document is registered by impersonation the real person can file application with concerned District Registrar to get it annulled

The bribery is against the law.The Complaints about corruption may be sent to the directorate of Vigilance and Anti-corruption,Chennai-28." Website:www.dvac.tn.gov.in ;   Phone No:24615989/24615929/24615949 The Inspector General of Registration No.100, Santhome High Road , Chennai 600 028. Ph : 91-44-24640160, Fax: 91-44-24642774 ; Mail: grivcell@tnreginet.net

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