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Registration e CC 2018 19

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REGISTRATION DEPARTMENT

CITIZENS CHARTER

(C)
GOVERNMENT OF TAMIL NADU
2018
INDEX

Sl.No. Subject Page


No.

1. SERVICES PROVIDED TO THE REGISTRANT PUBLIC 1-2

2. REGISTRATION OF DOCUMENTS 2-4

3. DETAILS TO BE GIVEN IN THE DOCUMENT 4-5

4. REQUIREMENTS FOR PRESENTING A DOCUMENT FOR 5-8


REGISTRATION

5. REGISTRATION OF WILL 8-9

6. CERTIFIED COPIES 9

7. REGISTRATION OF MARRIAGES 9-11

8. BIRTH AND DEATH CERTIFICATES 11-12

9. CHITS 12-13

10. SOCIETIES 14

11. FIRMS 14

12. KEEPING CITIZENS INFORMED 14-15

13. STATUTORY REMEDIES 15-16

14. INFORMATION 16-17


1

REGISTRATION DEPARTMENT

CITIZENS CHARTER

DO YOU KNOW?

SERVICES PROVIDED TO THE REGISTRANT PUBLIC:

Registration of documents.
Issuing of certified copies of documents already registered.
Issuing of encumbrance certificate.
Registration of societies.
Registration of firms.
Monitoring of Chit activities.
Issue of extracts of Births & Deaths.
Registration of Hindu marriage, which has already been
solemnized.
Filing of marriages under Tamilnadu Registration of Marriages Act.
Solemnization and registration of special marriages
Issuing of marriage certificate under respective marriages act.
Issue of extracts of marriages registered under Indian Christian
Marriages Act.
Registration of Parsi Marriage.

THE FOLLOWING SERVICES ARE PROVIDED THROUGH THE


DEDICATED 24*7 WEBSITE OF REGISTRATION DEPARTMENT
www.tnreginet.gov.in

Online submission of EC application, Certified Copy Application,


Marriage certificate application.
2

Issue of Encumbrance Certificate, Marriage Certificate, Society


Records, Certified copy of Registered document.
Details of Societies, Chits, Firms registered.
Details of Hindu Marriages registered.
Guideline Value for the years 2002, 2003, 2007, 2012 along with
the present values with effect from 09.06.2017 for the entire
State.

REGISTRATION OF DOCUMENTS.

To Register a Document:

On deciding to purchase a property, ascertain the transactions


effected in respect of the property proposed to be purchased by getting
the encumbrance certificate.

To get Encumbrance Certificate:

Applications are available free of cost in all SROs and are also
available on the website as downloads.
Give all the particulars of the property in the application and
tender the required fee. If old Survey Number was there
corresponding to the new Survey Number, it should also be stated,
else entries pertaining to that of the old Survey Numbers would
not get reflected.
You can also apply online for EC in respect of any property in any
Sub Registrar office in Tamil Nadu.
3

VALUATION OF PROPERTY:

The Website enables you to ascertain the stamp duty / registration


fees payable on a particular property and for a particular deed.
Ascertain from the Registering officer or from the website, the
guideline value of the land, PWD rate for the building and the
stamp duty, registration fees etc, to be paid.

Payment of Stamp Duty:

E-Stamping facility is available in Chennai Corporation Areas and


the details of Bank Branches which are providing this facility is
available in the website.
A list of licensed stamp vendors, attached to a SRO is displayed on
the Notice Board of every Sub Registrar Office. The list of Stamp
Vendors of all SROs is also available on website.
They are licensed to sell stamps at the face value.
If any extra demand is made, the Stamp Vendor is liable for
criminal prosecution under the Act, besides rendering his license
cancelled.
The Sub Registrars, Treasuries and Assistant Superintendent of
Stamps, Chennai also sell stamp papers.
Stamp duty may also be paid in cash upto Rs.1000/- and through
D.D. or treasury challan without any ceiling to the Registering
Officer.
e-Payment facility with 11 banks is available in the department
website for payment of Stamp Duty and fees.
4

DRAFTING OF DEEDS :

Executant of a document can draft a document himself, if the


model forms hosted on the website or the one available with Sub
Registrars are used.
Advocates and Licensed Document Writers can draft the
documents.

DETAILS TO BE GIVEN IN THE DOCUMENT:

Name, Address, Phone number/Mobile number and Identity Card


with number and issuing authority of the Executants & Claimants
of the document.
Consideration received, market value of the properties.
Full Details of the property including Building.
The executants should sign on each page and two witnesses
should also affix their signature in the last sheet of the document.
In respect of sale deeds both seller and buyer should sign the
documents and should appear before the registering officer for
registration
In respect of power of attorney documents, both principal and
power agent should sign the document and appear before the
registering officer with two witnesses for registration of the
document. Principal, Power Agent and two witnesses must produce
their Identity Cards, Photo and Thumb impression for witnesses
shall also be taken.

WHEN DOCUMENTS TO BE PRESENTED FOR REGISTRATION:

Within four months from the date of execution.


5

The District Registrar may condone delay of further four months


beyond the period of four months from the date of execution.
No time limit for Wills executed.

WHERE DOCUMENTS TO BE PRESENTED FOR REGISTRATION:

Documents relating to properties situated in Tamil Nadu shall be


registered only in Tamil Nadu in the Sub-Registrar’s office under
the jurisdiction of which the property is situate, or in the
concerned District Registrar’s office.
Documents pertaining to properties in Tamil Nadu, if registered
outside the State, have been declared as null and void.

REQUIREMENTS FOR PRESENTING A DOCUMENT FOR


REGISTRATION:

Executed document.
Photo copy of Identity Cards for all executants and for power of
attorney document, copy of the Identity Cards of witnesses should
also be enclosed as part of the document
Original Identity Cards should be produced to the Registering
Officer for verification
Details of PAN number of the Seller and Purchaser in case the
value of the property stated in the document exceeds Rs.10 Lakhs.
(or)
Form 60/61 Statement in case PAN/GIR Number is not available.
Application under Section 41 of Indian Stamp Act, if the
proper/deficit Stamp Duty is to be paid by Cash/DD/Online
Payment.
6

If the document is undervalued three self addressed sufficiently


stamped cover for the purpose of sending notices to the purchaser
by registered post and FMB/Topo sketch of the field concerned has
to be produced.
If the extent of the property conveyed is below 10 cents in respect
of rural areas and the extent of the property conveyed is below
20 cents in respect of other areas or when the registering officer
suspects the property to be a house site, then the Registering
officers would inspect the property and would arrive at a conclusion
whether such property is an Agricultural one or an House Site.
Patta Pass Book/10(1) Statement received from Tashildar through
computer-for agricultural property in Notified 9 Districts.
Registration fee along with Computerization fee of Rs 100/-.
Sub-division fees etc.
The Registering officer will give receipts for all amounts paid to
him.

RETURN OF DOCUMENTS – within a reasonable time depending


upon the workload of the Sub Registrar Office.

EXCEPTIONS:

o If inspection of land and building is required for arriving at the


value of the property – 15 days.
o Want of clarification on the nature of documents – 15 days.
o Reference u/s 47 A of the Indian Stamp Act or under S.O.744 – 15
days for making the reference.
7

LAND INSPECTION. WHEN?

Guideline value not available in the register.


Conversion of agricultural land into house site or when such a
conversion is suspected by the Registering Officer.

BUILDING INSPECTION:

The Sub Registrars inspect the building and assess the value.
If there is any difference in the value between the value set forth
and that arrived by the Sub Registrar, the differential duty and
Registration fee along with compounding fee has to be paid.
No building inspection will be done if the building value is less
than 2 lakhs in the Municipal and Corporation areas and if the
building value is less than 1 lakh in Village Panchayat and Town
Panchayat areas.

REGISTRATION AT PRIVATE RESIDENCE:

For whom?
o Sick people on production of medical certificate.
o Persons in the jail,
o Persons exempted from appearance in public places, Court etc.,
o Ladies exempted from appearance in public places by convention.

When?
o On application and payment of required fees
o Sub Registrar will attend to registration at private residence,
before or after, office hours.
8

REGISTRATION ON HOLIDAYS

o Only in case of urgency and when the Sub Registrar happens to be


in office.

COMPULSORY REGISTRATION:

When?

Executant fails to appear before the Sub Registrar for admission of


execution of document.

PROCEDURE:

Enquiry will be conducted and if the executants admits the


execution the registering officer will register the document. Otherwise,
the registration will be refused.

APPEAL:

Against this refusal order, an appeal may be preferred within


30days to the District Registrar concerned who shall enquire and pass
appropriate final orders.

REGISTRATION OF WILL:

Wills can be registered in any registration office without


jurisdiction.
No time limit for presentation of will for Registration.
Wills can also be kept in a sealed cover and deposited with the
District Registrar for safe custody.
9

During the life time of the testator, he/she may withdraw the
sealed cover.
The Person authorized may after the death of the testator, apply
with the death certificate of the testator and get it registered.

CERTIFIED COPIES:

Any person may apply for the certified copy of a document


registered in Book I (like Sale, Exchange, Mortgage etc.) on
payment of the required fees
Copy of Will registered, can be obtained only by the testator
After the demise of the testator, any person can apply and get the
copy on production of death certificate of the testator.

REGISTRATION OF MARRIAGES:

Hindu Marriage requirements:

Bridegroom/Bride should have completed 21/18 years


respectively.
Both of them should be Hindus/Sikhs/Jains/Buddhists.
Marriages solemnised under Hindu customs/ non-customary
Proof of marriage, age, residence, passport size photo of bride
and bridegroom etc. required.
Any one of the following place should fall within the jurisdiction of
the Registering officer.
- Residence of bridegroom.
- Residence of bride.
- Place of Solemnization.
10

Tamil Nadu Registration of Marriages Act – requirements:

Memorandum should be filed in duplicate.


Requirements of personal law should be fulfilled.
Bridegroom and Bride may be from any religion but should be
citizen of India.
Memorandum should be filed with Sub Registrar within 90 days of
Marriage.
With payment of fine it can be filed within in 60 days of the above
time limit.
Proof of marriage, age, residence, individual identity card for both
Bride, Bridegroom and for two witnesses, passport size photo for
bride and bridegroom 4+4 required.
The marriages performed in Tamil Nadu only can be filed. The
memorandum should be filed with the Sub Registrar in whose
jurisdiction the place of Solemnization took place.

Special Marriages - requirements:

Marriages to be solemnized before the Registering officer or


already solemnized can be registered under Special Marriages Act.
Bridegroom/Bride should have completed 21/18 years respectively
at the time of marriage and in the case of the marriages already
solemnized both should have completed 21 years at the time of
registration.
Anyone of the following place should fall within the jurisdiction of
the Registering officer.
o Residence of bridegroom.
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o Residence of bride.
o Place of Solemnization.
Notice of intended marriages should be given in triplicate to the
jurisdictional Sub Registrar for registration and the notices will be
displayed in the Sub Registrar Offices where bridegroom and bride
have permanent residence. Personal appearance of the bridegroom
and bride is not required for giving notice.
If no objection for the marriage is received within 30 days from
the notice, marriage will be solemnized /registered and at that
time the bride and bridegroom must be present with 3 witnesses.
Marriages shall be solemnized/ registered after 30 days and before
3 months from the date of Notice. If the time exceeds 3 months,
fresh notice has to be filed.

Christian Marriages - requirements:

Solemnized by Priests, Licensees and Marriage Registrars.


Certified copies of the Extract of marriages registered by licensed
Marriage Registrars and Priests can be obtained from the office of
the Inspector General of Registration, 100-Santhome High Road,
Chennai - 28.
Application can be submitted by the parties to the marriage/
parents / authorized people.

BIRTH AND DEATH CERTIFICATES

Births and Deaths registers in respect of Villages are preserved in


the Sub-Registrar Offices concerned
12

Extracts of Birth or Death from these registers may be obtained on


payment of fees.
Birth and Death fees has been revised as per G.O.(Ms).No.360,
Health and Family Welfare (AB2) Department Dated 12.10.2017:-

SI.No. Certified copies issued under Enhanced fees as


Birth and Death Act on 09.12.2017

1. Search fees Rs.100


2. Search fees for every Rs.100
additional fees

3. Extract fees Rs.200


4. Additional copy fees Rs.200

5. Non-availability Certificate Rs.100

CHITS:

Citizens are cautioned, before subscribing to a chit, to ascertain


whether the chit group has been registered or not.
Prior sanction order, commencement order are issued in the
concerned District Registrar offices.
List of Chit Companies and Chit groups sanctioned by the
Registrars are available on the
website. https://www.tnreginet.gov.in
The subscribers have to pay the subscription in time.
The subscribers have the right to demand the following from the
Foreman:-
o Registrars’ prior sanction for the conduct of chit - for
perusal.
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o Copy of byelaws.

Receipt of prize amount within 7 days of bid after furnishing the


surety required.
Receipt of dividend after payment of subscription periodically.
If payment is not made by the company or if subscriber do not pay
the money after taking prize money, either of them can seen
redressal from the Chit Arbitrator. Appeal against the orders of
Chit Arbitrator lies with the Government.

SOCIETIES

Details of Registered Societies and their status are available on the


website.
Registration of society is compulsory where the total members are
20 and above or when the average Income or Expenditure of a
society is not less than Rs.10000/- in a financial year.
Registered societies have the following legal requirements to be
fulfilled within the time prescribed
o Filing of annual returns.
o Filing of change of members/members of Committee.
o Filing of change of address of the Society.
o Filing of Special Resolutions.
o Filing of Mortgage or charge created over the property of the
society.

If the above mentioned requirements are not fulfilled, the


registration is liable to be cancelled after adopting the due
procedure.
The Funds of the Association/Society can be utilized only for the
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objects set forth in the Memorandum.


If a registered society is not functioning properly, the Government
have the right to dissolve the committee and if need arises appoint
a Special Officer to administer that society.

FIRMS:

Registration of firms having partners not less than two may be


done with the District Registrars.
In the application for registration, an Advocate or Chartered
Accountant shall attest the signature of each partner.
Applications for Registration of firms may be submitted through
post also. The registered firm shall file an annual declaration to the
effect that the firm was in existence during the previous year.
Details of change of partners if any, should also be filed.

KEEPING CITIZENS INFORMED:

The exclusive website https://www.tnreginet.gov.in contains the


latest information on every aspect of Registration Department.
Notice Board containing all important details is displayed in all the
Sub Registrar Offices.
Sub Registrars are serving as guide to the Public.
Suggestion / Complaint boxes are provided in all Sub Registrar
offices.
All District and Zonal officers remain in office on all working
Mondays to redress grievances of the public.
A Cell is functioning in the Head Quarters with a Public Relations
Officer to redress the grievances of the public. In each registration
office, one Senior Assistant has been identified as PRO who will
15

answer the queries of registrants.


Under the "Project STAR", registration offices are computerised.
Citizens may mail their queries through e-mail also.

WHEN THINGS GO WRONG:

If any one fails to get a proper reply for his query. (or)
If delay is caused for any of the time bound services in spite of
fulfilling all the requirements of law:-
o The aggrieved person may contact personally or through
correspondence, the District Registrar concerned or the Zonal
Deputy Inspector General of Registration concerned or the
Inspector General of Registration at Chennai. (or)
o lodge his complaint in the suggestion box. (or)
o e-mail to: helpdesk@tnreginet.net.

STATUTORY REMEDIES:

When registration of a document is refused, one can file an appeal


before the District Registrar concerned within one month.
If anyone is aggrieved by the orders of the District Registrar
demanding deficit stamp duty and penalty imposed, he may prefer
an appeal before the Inspector General of Registration, who is the
Chief Controlling Revenue Authority.
If the party is not inclined to accept the guideline value
maintained in the Registration offices, his/her document will be
referred to the District Revenue Officer (Stamps) / Special Deputy
Collector (Stamps) for determination of true market value.
16

If the difference of duty fixed by the District Revenue Officer


(Stamps) / Special Deputy Collector (Stamps) is not paid within
2 months from the date of order, 1% interest per month is
chargeable from the date of default.
Appeal against the final order of the District Revenue Officer
(Stamps) / Special Deputy Collector (Stamps) may be preferred to
Chief Controlling Revenue Authority (Inspector General of
Registration) Chennai-28, within 2 months from the date of order
passed by District Revenue Officer (Stamps) / Special Deputy
Collector (Stamps).
An appeal provision is also available against the orders of a
Collector on the application of refund of spoiled or unused stamps,
before the Inspector General of Registration.
Appeal against the orders of Registrar on the cancellation of
Registration of a Society, refusal of registration or declaration of a
society as defunct may be made to the Inspector General of
Registration.
For further details – visit us at https://www.tnreginet.gov.in.

INFORMATION

Officials of Registration Department are inclined to give any sort of


information required.
Notice Board containing all details are displayed in all the Sub
Registrar Offices.
Suggestion boxes are provided in each Sub Registrar Office.
The registrants may lodge any suggestion/complaint which will be
looked into with care and steps will be taken to redress the
grievances or implement the suggestions if found suitable.
17

At Chennai, an Additional Inspector General of Registration is


designated as Additional Inspector General of Registration
(Law and Public Relations) to meet the public.
A public information cell is functioning at the office of the Inspector
General of Registration, headed by a Public Relations Officer.

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