Whether any person can write deeds and present for registration. Will it be legally accepted?

Frequently Asked Questions – FAQs on Property Registration

Question: Whether any person can write deeds and present for registration. Will it be legally accepted? Ans.  Yes.  Any person executing an instrument, i.e., seller can write any instrument if he uses model deed available in this website..  All such instruments shall be admitted by the sub registrars and these instruments will have same evidentiary value as that of written by licensed deed writers. Question: Is there any guide book to assist a layman in writing instruments? Ans.     Some of the formats of commonly used instruments are available on the website for download.  These formats have been designed after studying various instruments.  It  has been ensured to incorporate all essential ingredients of instruments. Registration Hand book is also available in the market. Question: Normally, it is noticed that there is a shortage of stamp paper, as a result, registration is delayed. Is there any way out? Ans.     It is true that artificial scarcity is created in the market by some of the stamp vendors so that they can charge some extra amount over and above face value.  All the stamp vendors have been warned against such practices.  Licenses of a few of them have been cancelled recently.  A wide publicity about availability of stamp papers in Sub Registrar Offices has also  been given.  In Chennai zone e-stamping is available through which stamp duty could be paid. In case of real scarcity, stamp duty can even be paid in cash/D.D.  Any instrument can be written on a plain paper and presented for registration.  The Sub Registrar, on receipt of paper will collect stamp duty in cash/D.D.  and he will add a  certificate to that effect and register the same.  The D.D. should be drawn in favor  of the Sub Registrar concerned. Question: The stamp vendors are charging commission over and above the face value. Even the Commission is not uniform. Is there any rate at which commission should be charged by stamp vendors from parties? Ans.     The act of stamp vendors in charging commission is against the rules.  Such stamp vendors should be brought to book by the public. It is a fact that stamp vendors get commission for selling stamp papers.  But the commission is given by Government, which is included in the face value of stamp paper.    Therefore no stamp vendor should charge any amount / commission over and above face value of the stamp paper.  Your co-operation in bringing such acts to the notice of the officials of the Department will be highly appreciated. Question: Invariably, all documents presented for registration are returned after a long wait. The delay in returning documents causes hardships to public and also leads to other malpractices. Ans.     Only a few documents, which require charging of stamp duty on market value are normally kept pending for fixing of market value. These documents are sale,  exchange, release of benami right, settlement or gift.   Even these documents can be registered and returned on the same day provided the value set forth in the document is equal to or higher than the value arrived at by using guideline value. If building is there inspection is required to measure plinth area and to calculate the value using P.W.D. norms for buildings.  If no deficit is there it will be returned after building inspection otherwise after collection of the deficit the document will be returned. Agricultural land is converted to house site value fixation is required and it needs inspection also. All other documents should be returned on the same day by the Sub Registrar in the computerised offices.  It is also noticed that in some offices, having heavy registration work load, the staff may not complete all the formalities of making entries in indices and on the copy of the document. In such cases, the document should be returned at the earliest possible time, but not later than 3 days. In order to over come these difficulties, the Government have decided to computerize offices.    'STAR'package is in use in 578 offices as on date.  This has really made it possible to return the document on the same day.  Efforts are being made to further deduce delay by simplifying facility. Efforts are being made to further reduce delay by simplifying the the process. 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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