Legal Information (Detailed)  for Buying and Selling Property in Chennai - india-Jaghey.com
 All Your Frequently Asked Legal Property Questions Answered!
Select the Question to Get the Answers:
Q 1.  How ownership of immovable property is acquired by a person?
 Q 2.  Is it necessary to register in Office of the Sub Registrar to get khata transferred   in respect of property acquired by inheritance?
All Your Frequently Asked Legal Property Questions Answered!
Select the Question to Get the Answers:
Q 1.  How ownership of immovable property is acquired by a person?
 Q 2.  Is it necessary to register in Office of the Sub Registrar to get khata transferred   in respect of property acquired by inheritance?
Q 3 . Which are the documents requires to be compulsorily registered? 
Q 4 . How to effect partition of .property?  
Q 5.  When there are two or more heirs, can one or two be made full owners by others taking money in lieu of their share? 
  
Q 6.  What is a will? 
 
Q 7 . Who can execute a will? 
Q 8.  Is it compulsory to register a will? 
Q 9 . Where can the will be registered? 
 
Q 10.  Is there any time limit to register a will?
  
Q 11.  Can a will be cancelled?  
Q 12.  Can a registered will be rectified or changed?
  
Q 13.  Can a will be registered even after death of testator?
  
Q 14.  What is the Stamp duty and Registration fee to register a will?
  
Q 15 . Is the certified copy of a registered will available to any body?
  
Q 16 . How to keep contents of a will confidential?  
Q 17.  What is the procedure to obtain the sealed cover containing a will after the death of the depositor? 
Q 18 . What is the procedure for change of khata of the properties obtained through will? 
Q 19.  What are the duties and liabilities of buyers and sellers while purchasing a property? 
Q 20 . What are the transactions opposed to public policy? 
Q 21.  Is
 it necessary to obtain permission for transfer of agricultural land 
granted under Land Grant Rules or granted occupancy right under Land 
Reforms Act even after lapse of condition for transfer? 
Q 22 . What are other restrictions to purchase agricultural land?
  
Q 23.  How to get transfer of immovable property?  
Q 24 . What is the purpose of Registration? 
  
Q 25 . What are the effects of non-registration?
  
Q 26.  Is there time limit to present a document for registration after it is executed (signed)?
  
Q 27.  What is the day today timing for acceptance of deeds for registration in Sub Registry offices?
  
Q28.  Can the document presented for registration be withdrawn?  
Q 29 . Who should be present at the time of registration?
  
Q 30.  What is the course, if executing party refuses to appear in Registry Office to admit execution?
  
Q 31.  Who can sign as witness to a document?  
Q 32.  What is meant by Identifying witness of person presenting/executing a document?  
Q 33 . Who is authorise to write a deed?
  
Q 34 . Is it necessary to register immovable property by Government as inam or granted on darkhast?  
Q 35.  Are there any kind of documents registered without personal appearances of the parties for registration?  
Q 36. Is it necessary to register deed relating to transfer or assignment of decree relating to immovable property?
Q 37.  Explain the registration of adoption deed?  
Q 38.  Explain the Power of Attorney?
  
Q 39.  Does
 property get transferred by getting a General Power of Attorney from 
the person selling it? Can the agent become owner of property?
Q 40.  Who can execute Power of Attorney?
  
Q 41.  When would a General Power of Attorney gets cancelled?  
Q 42 . What does Irrevocable Power of Attorney mean? 
Q 43.  What is the meaning of a Special Power of Attorney?
  
Q 44 . Is it compulsory to register power of attorney attested in India by Magistrate or notary?  
Q 45 . Is
 it compulsory to register General Power of Attorney executed by persons
 residing out of India and attested by officers of Consulate office of 
India in that country? 
  
Q 46.  Is
 it compulsory to get a Power of Attorney attested by a Sub Registrar if
 it has already been attested by Magistrate or Notary, under which 
documents are signed by the agent?
Q 47.  What is meant by Encumbrance Certificate?
  
Q 48.  What is meant by a Nil Encumbrance Certificate?
  
Q 49 . What is the fee for Encumbrance Certificate?
  
Q 50 . How to obtain Certified Copy of registered document?
  
Q 51 . Where can I register my immovable property ? 
Q 1.  How ownership of immovable property is acquired by a person? 
Ans.   A person may acquire immovable property in any of the following way
(i) By inheritance of ancestral property.
(ii) Through will.
(iii) Acquisition by oneself such as purchase etc.
(iv) Through gift, trust, settlement deeds.
(v) Grant, sanad / Inam by the Government
Through decree of Court.
There are two ways of acquisition: 
1.By act of parties. 
Example: Purchase, gift etc. 
2. By operation of law 
Example: Inheritance, decree of Court etc. (for details please see Transfer of Property Act, 1882 (Central Act))
Q 2. 
 Is it necessary to register in Office of the Sub Registrar to get khata
 transferred in respect of property acquired by inheritance? 
Ans.  
 Not necessary. After the death of owner of a property his heirs, such 
as wife, children i.e. male and female, married or unmarried may get the
 Khata transferred on production of death certificate of the owner with 
details of property held by him to the following officers. 
If 
property is an agricultural land - Tahasildar (See Sec.128 of Karnataka 
Land Revenue Act, 1964) Offices of Corporation, Municipality, Panchayat 
or City survey if such office exists.
Q 3 . Which are the documents requires to be compulsorily registered? 
Ans .  1. Gift deed of immovable property.
2.
 Other non-testamentary instruments, which purport or Operate to create,
 declare, assign, limit or extinguish whether in the present or in 
future, any right, title or interest, whether vested or contingent, of 
the value of one hundred rupees and upwards, to or in immovable 
property; 
3. Non testamentary instruments which acknowledge the 
receipt or payment of any consideration on account of the creation, 
declaration, assignment, limitation or extension of any such right, 
title or interest;
4. Leases of immovable property from year or for any term exceeding one year, or reserving a yearly rent;
5.
 Non testamentary instruments transferring or assigning any decree or 
order of a court or any award when such decree or order or award 
purports or operates to create, declare, assign, limit or extinguish 
whether in the present or in future, any right, title or interest, 
whether vested or contingent, of the value of one hundred rupees and 
upwards, to or in immovable property;
6. The documents containing 
contracts to transfer for consideration, any immovable property for the 
purpose of section 53A of the Transfer of Property Act, 1882 shall be 
registered if they have been executed on or after the commencement of 
the Registration and Other Related Laws (Amendment) Act, 2000 and if 
such documents are not registered on or after such commencement, then, 
they shall have no effect for the purposes of the said section 53A
Q 4 . How to effect partition of .property? 
Ans.  
 a. If all the parties have share (common right) in the property 
partition can be effected. If partition is effected through an 
instrument such instrument must be compulsorily registered. 
b. Oral partition affected through memorandum submitted to the concerned authorities need not be registered. 
c. Stamp duty has to be paid in respect any kind of partition whether it is to be compulsorily registered or not. 
d. Parties to the partition may agree to effect partition of unequal shares.  
Q 5.  When there are two or more heirs, can one or two be made full owners by others taking money in lieu of their share?  
Ans . 
 a) Yes. Any of the co-owners can individually or collectively release 
his / their right in favour of one or more collectively as the case may 
be and make him / them full owner. This kind of release can be with or 
without payment of money. This document is called Release. 
b) Release can be made not only in case of inherited property but also in case of joint purchase/acquisition. 
Q 6.  What is a will? 
Ans.  
 A testamentary document by which a person bequeaths his property to be 
effective on his death is a will. The property will devolve on the 
person in whose favour it is bequeathed after death of testator.
 
Q 7 . Who can execute a will? 
Ans . 
 a) Any person above the age of 18 years and mentally sound may execute 
will, but will caused by fraud or coercion or by importunately will not 
be valid. Therefore a will must be executed voluntarily. 
b) Parents or guardians cannot execute will on behalf of minors or lunatics. 
c) Attestation by minimum two witnesses is necessary. 
d)
 Scribe (deed writer / advocate) cannot be called witness. Two 
independent attesting witnesses other than the scribe or necessary.
e) Beneficiary under a will should not sign as attesting witness.
In
 order to avoid disputes in implementation of a will, description of 
property and the beneficiaries should be clearly be written without 
giving room for any doubt. 
Q 8.  Is it compulsory to register a will? 
Ans . 
 It is not compulsory to register. Executants may register at his 
option. It is better to register the will. If original is lost a 
certified copy can be obtained from Sub-Registrar Office. 
Q 9 . Where can the will be registered? 
Ans.   It can be registered in any office of the Sub Registrar in India  
Q 10  Is there any time limit to register a will? 
Ans .  There is no such time limit 
Q 11.  Can a will be cancelled?  
Ans.  
 The testator can cancel his will at anytime during his lifetime. Such 
cancellation deed requires a Stamp duty of Rs.100-00 
Q 12  Can a registered will be rectified or changed? 
Ans  
 If executant of a will wishes to rectify, add to will may do so during 
his lifetime. This is called codicil. This document does not require 
stamp duty.
Q 13.  Can a will be registered even after death of testator? 
Ans.  
 Yes, claiming party under the will have to produce will, records 
relating to the death of the testator, witness and the scribe before the
 Sub Registrar. If Sub Registrar is satisfied about the truth and 
genuineness of the execution of the will, he will register.
Q 14.  What is the Stamp duty and Registration fee to register a will? 
Ans . 
 There is no Stamp duty on will deed. For registration of will during 
the life time of the testator Rs.200-00 Registration fee prescribed. To 
register the will after the death of the testator Registration fee of 
Rs.200-00 and enquiry fee of Rs.250-00 is prescribed.
Q 15 . Is the certified copy of a registered will available to any body? 
Ans . 
 A certified copy of a registered will is available to the testator only
 during his lifetime. After his death anybody can obtain after producing
 proof of death of testator.
  
Q 16 . How to keep contents of a will confidential?  
Ans.  
 Will can be deposited in a sealed cover in office of the District 
Registrar. A fee of Rs.1000-00 prescribed to deposit will in a sealed 
cover. Depositor or authorized person (executor) can withdraw the sealed
 cover containing a will, if desires to do so. A Registration of 
Rs.200-00 prescribed.
Q 17.  What is the procedure to obtain the sealed cover containing a will after the death of the depositor? 
Ans . 
 On making an application along with proof of the death of the 
depositor, District Registrar will open sealed cover in the presence of 
the applicant and it will be registered. Certified copy will be issued 
if desired. A fee of Rs.100-00 prescribed to open a sealed cover. 
Q 18 . What is the procedure for change of khata of the properties obtained through will? 
Ans.  
 After the death of the testator person claiming through the will have 
to apply to the concerned authorities as explained in question no.2 
along with the copy of the will and death proof. 
Q 19.  What are the duties and liabilities of buyers and sellers while purchasing a property? 
Ans.   Following is the duties and liabilities of buyers and sellers
Before sale
liabilities of seller  Liabilities of purchaser  
To inform defects in the property   
To provide records of right   
To execute sale deed  Payment of consideration  
To pay of the liabilities on the property
Rights 
Rights of seller  Rights of buyer  
To get rent and profits  Right of encumbrance on consideration already paid  
After completion of sale 
Liabilities of seller  Liabilities of purchaser  
To hand over possession  Liability on accidental or loss to the property  
Information about right   
To
 hand over records of rights after receipt of consideration  Duty to pay
 taxes and liabilities after taking possession of property  
Rights of seller  Rights of buyer  
If consideration is due encumbrance on property of such dues  Incremental value/profit on property  
Though there are rights and duties the purchaser should carefully examine the following matters; 
1) Original documents. 
2) How did the seller acquire the property. 
3)
 Encumbrance Certificate of the property for a minimum period of 15 
years from Sub Registry Office to know if there are any encumbrances on 
the property to be purchased. 
4) Verify from the concerned court if there are any litigations on the property to be purchased. 
5) Verify if there are any litigations, objections in revenue, municipal offices about inheritance or any other matter. 
6)
 If seller is a power of attorney holder, it should be verified from the
 principal and if such power of attorney is genuine and whether it is 
still in force. 
7) It should be verified whether the transaction is 
opposed to public policy under Section 22A of the Registration Act, 
1908. If so the document will not be registered. 
8) If the Property 
is a granted land to the member of scheduled caste and scheduled tribe, 
it should be verified if the transaction is in contravention of the 
terms and conditions of grant and whether permission of the Government 
is obtained for transfer. 
Q 20 . What are the transactions opposed to public policy? 
Ans   Government has declared the following as opposed to public policy under Section 22A of Registration Act, 1908 namely,-
(1) (a) Agreement to sell, sale, gift,
 exchange, mortgage, lease or assignment of land of which the occupancy 
right has been granted under Chapter III of the Karnataka Land Reforms 
Act, 1961 in contravention of the restrictions imposed under section 61 
of the said act and the rules framed there under.
(b) Agreement to 
sell, sale, gift, exchange or otherwise of any land in excess of the 
ceiling limit specified in section 63 or 64 of the Karnataka Land 
Reforms Act, 1961 in contravention of section 74 of the said act and the
 rules framed there under.
(c) Agreement to sell, sale, lease, 
mortgage with possession or otherwise of any agricultural lands to a 
person or a family or a joint family who or which has an assured annual 
income of rupees Two lakhs and above from sources other than agriculture
 in contravention of section 79-A of the Karnataka Land Reforms Act, 
1961 and the rules framed there under.
(d) Agreement to sell, sale, 
lease, mortgage with possession or otherwise of any agricultural land to
 an educational, religious, charitable institution society, trust, 
company, association, other body of individuals or a co-operative 
Society other than the co-operative farming society in contravention of 
section 79-B of the Karnataka Land Reforms Act, 1961 subject to the 
exceptions and exemptions provided under section 109 of the said act and
 the rules framed there under.
(e) Agreement to sell, sale, gift, 
lease, mortgage with possession or otherwise of any agricultural land 
granted under the Karnataka Land Grant Rules, 1969 subject to 
restrictions on sale, transfer, and specific use imposed there under as 
per the provisions of the said Rules.
(2) One cannot possess land as 
owner, tenant or as mortgagee with possession in excess of 10 units. If a
 family consists of more than five members, such family may hold two 
units per head not exceeding 20 units. 
PART A
[See Section 2(A)(35-A)
Classification of Lands
A Class
Lands
 having facilities for assured irrigation from such Government Canals 
and Government Tanks as are capable of supplying water for growing two 
crops of paddy or one crop of sugarcane in a year.
B Class
(i) 
Lands having facilities for assured irrigation from such Government 
Canals and Government Tanks as are capable of supplying water for 
growing only one crop of paddy in a year.
(ii) Lands irrigated by 
such lift irrigation projects constructed and maintained by the State 
Government as are capable of supplying water for growing two crops of 
paddy or one crop of sugarcane in a year.
C Class
(i) Lands 
irrigated from any Government sources of irrigation, including lift 
irrigation projects constructed and maintained by Government other than 
those coming under A Class and B Class.
(ii) Lands on which paddy crop can be raised or areca crop is grown with the help of rain water.
(iii)
 Lands irrigated by lifting water from a river or Government Canal or 
Government tank where the pumping installation or other device for 
lifting water is provided and maintained by the land owner.
Notes
(1)
 Lands having facilities for irrigation from a Government Source where 
the system of water supply is suitable for growing only light irrigated 
crop namely, crops other than paddy and sugarcane shall come under this 
class.
(2) Lands growing irrigated garden crop will come under 
classes ‘A’, ‘B’ or ‘C’ as the case may be depending upon the source of 
irrigation and the system of water supply.
D Class
Lands classified as dry but not having any irrigation facilities from a Government source.
Note.- Lands growing paddy or garden crops not coming under A Class, B Class or C Class shall belong to this class.
PART B
Formula of determining equivalent extent of different classes
One
 Acre of A Class land having soil classification value above 8 annas = 
1.3 acres of A Class land having soil classification value below 8 annas
 = 1.5 acres of B Class land having soil classification value above 8 
annas = 2.0 acres of B Class land having soil classification value below
 8 annas = 2.5 acres of C class land having soil classification value 
above 8 annas = 3.0 acres of C class land having soil classification 
value below 8 annas = 5.4 acres of D Class land.
Q 21. 
 Is it necessary to obtain permission for transfer of agricultural land 
granted under Land Grant Rules or granted occupancy right under Land 
Reforms Act even after lapse of condition for transfer?  
Ans.  
 Yes. Application should be submitted to Tahasildar and acknowledgement 
is obtained. If permission is not granted within 15 days after getting 
acknowledgement, document can be registered as if permission is granted.
 
Q 22 . What are other restrictions to purchase agricultural land? 
Ans . 
 Lands granted to persons belonging to scheduled caste or scheduled 
tribe cannot be transferred or purchased without prior permission of the
 Government. This restriction does not apply to mortgagee in favour of 
co-operative or scheduled banks and partition among family members
2.
 Social or Industrial organizations can purchase with the permission of 
the Government (Refer Sec.109 of Karnataka Land Revenue Act, 1964).  
Q 23.  How to get transfer of immovable property?  
Ans . 
 a. As explained under Question 3, if value of property under sale, 
exchange, lease, and mortgage is Rs.100 or more, deed relating to such 
transaction must be compulsorily registered (Sec.17 of Registration Act 
1908). 
b. Gift deed, must be registered irrespective of the value of the property. 
c.
 After the deed is registered `J' slip is sent to Tahasildar in case of 
agricultural land and city survey office, in case of city 
non-agricultural property of properties are under city survey. The 
purchaser should get confirmed whether khatha is transferred through `J'
 slip. 
In areas where there is not city survey is not in operation, 
one has to apply along with copy of the deed to the concerned 
Corporation/ Municipal/panchyat office to effect transfer of khatha.
Q 24 . What is the purpose of Registration?  
Ans.  
 (a) By Registration of transaction of immovable property will become 
permanent public record. This is a notice to the general public. Those 
getting transfer of property should verify whether such property has 
been previously encumbered. 
(b) According to Transfer of Property Act right, title or interest can be acquired only if the deed is registered. 
Q 25 . What are the effects of non-registration? 
Ans  .
 If a deed of transfer, which is compulsorily registrable, is not 
registered it will not be admissible in evidence (Sec.49 of Registration
 Act 1908) 
Q 26.  Is there time limit to present a document for registration after it is executed (signed)? 
Ans  . a. Document may be presented for registration within four months from the date of execution (signature). 
b. If a document is executed out of India, the period of four months will be counted from the date of its receipt in India. 
c.
 After four months document may be presented within another four months 
with penalty subject to maximum of ten times the registration fees if 
the District Registrar grants permission. But document may be presented 
before Sub Registrar within eight months. Thereafter it cannot be 
accepted for registration. (For details please see Rule 52 of Karnataka 
Registration Rules, 1965). 
Q 27.  What is the day today timing for acceptance of deeds for registration in Sub Registry offices? 
Ans.  
 Generally deeds are accepted during working hours. Sub Registrar may 
stop accepting two hours before closing time if he has sufficient work 
to attend in respect of deeds already received for registration. 
Provided
 deeds may be accepted in emergency cases on payment of extra fee of 
Rs.200 one hour before sunrise and one hour after sunset and on 
holidays. 
Q28.  Can the document presented for registration be withdrawn?  
Ans . 
 Registering officer may permit withdrawal of the document before 
completion of registration on written request by the party who presented
 the document. Fifty percent of the registration fee is refundable. 
Likewise Stamp duty is also refundable subject to deductions. (Please 
see question No.19 on stamp duty F.A.Q.) 
Q 29 . Who should be present at the time of registration? 
Ans . 
 A deed may be presented for registration either by claiming or 
executing party but the executant / executants must be present to admit 
execution (signing) of the deed (Please see Sec.32 of Registration Act 
1908). 
Q 30.  What is the course, if executing party refuses to appear in Registry Office to admit execution? 
Ans  .
 a. In such circumstances, registering office will issue notice/ summons
 to the Executant. If the party does not turn up registering officer 
will refuse registration. 
b. Application may be made to the District
 Registrar on such refusal to the District Registrar who will hold 
enquiry and decide the case. Rs.250 should be paid for such application.
 
c. One may submit appeal to the Civil Court if District Registrar 
also refuses to order for registration (For details please see Sec.73, 
74, 75, 76 & 77 of Registration Act 1908).
Q 31.  Who can sign as witness to a document?  
Ans .  Any person, above 18 years of age and not a party to the document may sign as witness.
  
Q 32.  What is meant by Identifying witness of person presenting/executing a document?  
Ans . 
 In order to identify genuineness of the persons executing the document,
 signature of identifying witness are obtained. Without such witness, 
registering officer may refuse registration.
Q 33 . Who is authorise to write a deed? 
Ans .  Deed may be personally written by the executant or may be drafted by a licensed deed writer or advocate. 
Q 34 . Is it necessary to register immovable property by Government as inam or granted on darkhast?  
Ans . 
 They are exempted from registration. Khatha is effected on the basis of
 orders of Government (see Sec.90 of Registration Act 1908).
  
Q 35.  Are there any kind of documents registered without personal appearances of the parties for registration?  
Ans  . 1. Mortgage deed executed under Improvement Loans etc. 
2. Certificate of sale issued by revenue court.
3.
 Documents executed by farmers in favour of primary co-operative land 
development bank to obtain loan and loan bonds executed by farmers in 
favour of banks under Karnataka Agricultural Credit Co-operations and 
Miscellaneous Provisions Act 1975 are sent under Sec.89 of the 
Registration Act and they are filed. 
Q 36I.s it necessary to register deed relating to transfer or assignment of decree relating to immovable property?  
Ans . 
 If value of the property involved in decree is Rs.100 or more and 
creates, declares, transfer, limit or extinguish right it should be 
compulsorily registered (See Sec.17 (e) of Registration Act).
  
Q 37.  Explain the registration of adoption deed?  
Ans.  
 Adoption deed maybe executed and registered like any other deed. Stamp 
duty Rs.45 and registration fee Rs.200 are leviable on it.
  
Q 38.  Explain the Power of Attorney? 
Ans .  There are two kinds of Power of Attorney. 
1. General Power of Attorney (GPA) 
2. Special Power of Attorney (SPA) 
a)
 General Power of Attorney is executed by a person in favour of another 
to act on behalf of him generally. It may include management of 
property, Court matter/litigations, sale of mortgage of property or any 
other act. 
b) Special Power of Attorney is executed to do a 
particular act. Power of Attorney holder is answerable to the principal 
and liable to give accounts to him.  
Q 39.  Does 
property get transferred by getting a General Power of Attorney from the
 person selling it? Can the agent become owner of property? 
Ans . 
 No. It is wrong to say that ownership is transferred by getting General
 Power of Attorney. Persons purchasing property must get the sale deed 
registered. This principle applies to other kinds of transactions also. 
 
Q 40.  Who can execute Power of Attorney? 
Ans . 
 A person who has attained majority may execute power of attorney in 
favour of another person who has attained majority including family 
members like brother, sister, father and mother to act on his behalf. If
 a power of attorney is executed to sell property in favour of relatives
 other than those mentioned above, 2 percent stamp duty shall be paid on
 market value of such property. If a power of attorney is executed in 
favour of developers, Builders of apartment, 4 percent stamp duty shall 
be paid on market value of such property. (see article 5(f) & 41(a),
 41(ea), Schedule to Karnataka Stamp Act 1957). 
Q 41.  When would a General Power of Attorney gets cancelled?  
Ans.   a. GPA automatically gets cancelled on the death of Executant. 
b. Principal (Executant) may cancel it any time. 
Q 42  .What does Irrevocable Power of Attorney mean? 
Ans.  
 If the Power of attorney is executed for consideration in respect of 
property it cannot be unilaterally revoked, prejudicial to the interest 
of the agent (See Sec.202 of Indian Contract Act, 1872). 
Q 43.  What is the meaning of a Special Power of Attorney? 
Ans . 
 (a) Power of Attorney executed by a person in favour of another to act 
on his behalf for specific purpose is called Special Power of Attorney. 
(b)
 If a person is unable to go over to registry office to present a 
document executed in his favour or to admit execution of document 
executed (signed) by him, such power of attorney shall be authenticated 
or attested by a Sub Registrar. Otherwise they are not acceptable for 
the purpose of registration.
Q 44 . Is it compulsory to register power of attorney attested in India by Magistrate or notary?  
Ans . 
 They need not be registered. But General Power of Attorney containing 
authority to present or admit execution of a document executed by the 
principle is not acceptable for such presentation or admission of 
execution unless they are attested or authenticated by a Sub Registrar.
Q 45 . Is it 
compulsory to register General Power of Attorney executed by persons 
residing out of India and attested by officers of Consulate office of 
India in that country?  
Ans.   It is not necessary to 
register. But Stamp duty as per Article 41 shall be paid within 3 months
 from the date of receipt of the power of attorney in India.
Q 46.  Is it 
compulsory to get a Power of Attorney attested by a Sub Registrar if it 
has already been attested by Magistrate or Notary, under which documents
 are signed by the agent? 
Ans .  Not necessary 
Q 47.  What is meant by Encumbrance Certificate? 
Ans . 
 Encumbrance Certificate is a record showing registered transactions 
pertaining to a property. If mortgage, sale or any other deeds in 
respect of a property are registered, encumbrance certificate is issued 
Form No.15.
Click here to download Prescribed application form no.22 to obtain Encumbrance Certificate.
Q 48.  What is meant by a Nil Encumbrance Certificate? 
Ans . 
 If no deeds of transactions are registered in respect of a property nil
 encumbrance certificate is issued in Form No.16. If Certificate is 
issued in this form, it means that there are no registered transactions /
 liabilities on the property for a given period of time unregistered 
transactions are not included in this certificate.
Click here to download Prescribed application form no.22 to obtain Encumbrance Certificate.
Q 49 . What is the fee for Encumbrance Certificate? 
Ans  . a. Application fee Rs.5 
b.
 Rs.30 for search of first year and Rs.10 for every subsequent year. 
Example: To obtain Encumbrance Certificate for 13 years. Application fee
 Rs.5-00 plus first year Rs.30-00 plus 12 years Rs.120-00 and total 
Rs.155-00.
Q 50 . How to obtain Certified Copy of registered document? 
Ans .  1. Any person may obtain certified copy of registered document relating to immovable property. 
2.
 Certified copy of registered will may be obtained only by the testator 
only during his lifetime. Any person may get copy of a will after the 
death of the testator on production of death certificate. 
3. Copies 
of registered deed of GPA and other documents relating to movables may 
be obtained by executant / claimant or agent, representative of such 
person only. 
Stamp paper of Rs.10 is required to be produced along 
with the application and copying fee of Rs.3 for every page of Xerox 
copy or Rs.5 for every 100 words or part thereof is to be paid. 
Points to be noted by registering public for registration of a document
No. Do's Don'ts 
1  Meet registering officer directly for your work  Do not depend on middlemen for your work  
2 
 Pay the fees required to be paid directly to the registering officer 
and obtain receipts  Do not pay money to the middlemen.  
3  Market 
value of each area is published. Pay stamp duty as per market value  
Purchase stamp papers from licensed stamp vendors only. Beware of fake 
stamp papers  
4  Verify whether date of delivery of the registered 
deed is written on the receipt. Keep the receipt securely with you only 
 Don't handover receipt to middlemen.  
5  Get information records to
 be produced for registration in the registry office  Don't go for 
registration without necessary records.  
6  Fee for drafting/writing
 documents are prescribed. Pay accordingly and obtain receipts for it  
Don't pay without receipt. Do not pay fee for drafting and registration 
together if demanded. Pay Registration fee directly in the office. 
7 
 Contact higher authorities for any doubts and complaints.  Do not 
conceal your feelings about the officer or staff. Inform the higher 
authorities.  
8  Obtain registered deeds personally or through 
registered post.  Do not depend on middlemen for return of document 
after registration.  
9  Note true market value of property  Under valuation is an offence.
Q 51 . Where can I register my immovable property ? 
Ans . 
 Documents pertaining to immovable property shall be registered in the 
Sub-Registrar office in whose jurisdiction the property is situated 
Or
 If you have any problem with the Sub-Registrar's office please approach
 the District Registrar of your district.In  Chennai Urban district 
still if you have problem in registration you can visit the Office of 
the Inspector General of Registration where your registration work 
pertaining to  Chennai Urban district will be attended.
 
 
 
 
 
 
          
      
 
  
 
 
 
 
 
 
 
 
 
 
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