Property 5x3713

UDR patta SLR (Survey of Land ) and Natham patta ryotwari land co-parcener (a person who shares equally with others in the inheritance of an un divided estate) An Undivided Grama Natham Natham a topo plan The Land Records Draftsman (LRD) Directorate of Town and Country planning (DT) and Chennai Metropolitan develop ment authority (CMDA) MMDA, DDA, HMDA FMB sketch (Field Measurement Book) Encumberance Certificate (EC) Patta, Chitta and Adangal http://eservices.tn.gov.in/eservicesnew/index.html http://www.tnreginet.net/index.asp FMB sketch ========== It has become a common practice to sell plots with forged documents and incorrec t boundaries. It is possible to avoid buying such fraudulent properties by obtai ning certified copies of documents and ing Field Measurement Book (FMB), a dangal, Chitta and Patta. The sub-registrar office will be able to provide certified copies of sale deed a nd parent deed for a prescribed fee. This can be verified against the document provided by the seller to ensure that the document is original. This process is not followed by many legal consultants and experts who are employed by buyers for verification of land and hence it ma y be necessary for the buyer to understand the significance. A careful verification of power of attorney documents may be vital to ensure tha t the power is valid and existent. However these power of attorney registrations which are preserved in Book 4 at the Sub- Registrar office are available only t o executor and the party on whose name the power is executed. Hence it is vital to closely examine such documents which cannot be obtained from the Sub-Registra r office for verification. There are multiple situation where the boundary is in dispute. In order to avoid such challenges, the best document to start investigation is the Chitta, Adanga l and Patta. These documents are easy to obtain and can give us an idea of the extent of land . As shown in the Chitta sample, the values are in hectares and ares . Instructions for finding the extent of Patta can be found in this article. As mentioned in t his article, the values obtained from Chitta and Patta offer approximated values and does not reflect the exact measurement of land. However it can help identif y issues with Patta and Chitta if the difference in value is more than 0.5 ares wh ich is 538 sq. ft. For example, if a seller offers to sell a 2400 sq. ft. plot, the value in are is 2.23 which will be shown in Patta and Chitta as 2.00. However if the Patta or Chitta shows a value of 1.5 or less, there could be issues with the land. If the details mentioned in Chitta and Patta are accurate, the Field Measurement Book (FMB) can be used to ensure that the details in sale deed are accurate. Th e dimensions mentioned in FMB are expected to be accurate and it also includes n ame of street, survey and village details and type of land (wet or dry land). Th e Field Measurement Book (FMB) sketch can be very useful to avoid boundary and b

order disputes. If the marker stones are not present for a plot, it is always ad visable to spend a small fee to get the markers placed by a surveyor. This simpl e process can avoid legal hassles. The FMB sketch is considered to be the guidin g document for any dispute related to encroachments and boundary disagreements. Although the sale deed is a vital document, the verification of FMB carries sign ificant weightage in the court of law. Although these documents provide valuable details about a property, it is always better to physically visit and survey the land and enquire among neighbors abou t the property. What is meant by Grama Natham Land? ================================== Grama Natham is not a property of the Government and the title cannot be transfe rred back to the Government under the operation of Tamilnadu act III of 1905, Se ction 18(1) of 1948 act and land encroachment act of 1905. Grama Natham is defin ed in law lexicon as a land upon which houses can be built in a village. The ter minology Grama Natham was brought into existence in order to stress that the land could be used as house sites where the owner of the land could build houses. Thi s was used to differentiate house sites from Government held land such as Inam l and (gift land), ryotwari land (currently abolished system of assessment where l and revenue was imposed directly on the individual cultivators called ryots), pa nnai lands and waste lands A ========== An "A " is a record of the land held at the VAO's office (Village s trative Officer). It has details on the property such as it's classification, ta x assessment, owner's name, etc. When you buy land, you want to confirm if the details in the sale deed are authe ntic. Apart from checking the FMB sketch, parent docs, etc. it's important you v erify ownership and land details in the A extract. A extract can be got at the VAO's office when you hand over the survey number for the land Here's a sample A extract. Some of the pertinent details are Classification - Specifies if the land is a nanjai, punjai or a manavari. Th is essentially says if the land is a wet or dry land and how it can be irrigated , meaning through canals (nanjai) or rain (punjai). This is an important detail for non-Indian or dual-citizen property buyers in India, as they cannot buy agri culture land. Area specs - Specifies the area of the land in hectares. Here's a simple con version table for you. 1 1 1 1 1 1 1 1

hectare = 2.47 acres acre = 18 grounds ground = 2400 sq. ft ground = 5.5 cents acre = 100 cents are = 2.47067685 cents hectare = 100 ares are = 1076.39 sqfeet

Tax - Lists the tax assessment for the land. It's usually a ridiculously low

price, compared to what you have to pay in other countries. Owner info - Lists the property owners name. Pay attention to this piece of information. You want the owner's name match the sale deed doc. If this property is owned by the government (e.g. road, acquired land, etc.), it'll say so. There are some more details on the A which you can safely ignore as the y are not that important for a real estate transaction. You check the A extract usually during a real estate transaction to aut henticate ownership of property. During the course of land ownership if you want to confirm that you are the listed owner in government records, an Encumberance Certificate (EC) issued at the registrar's office is just fine. Another important document you check at the VAO's office is the FMB sketch (Fiel d Measurement Book) which is used to land measurement details such as sur vey area, plot area, boundary details, etc. We'll go into details of FMB in a se parate article. What to Look for When Buying a flat in India ============================================ 1.Decide the area you want to buy an apartment. 2.Check recent sales in the area. So you will come to know how much you are spen ding for your apartment. 3.Don t commit before visiting many places. So you will come to know good idea abo ut money. 4.Check shops, public transport, parks, hospitals, schools, work, gym are close to your apartment. Documents & Other details needs to be Obtained 1.Sale deed Parent Documents & Current Documents 2.Construction Agreement & Land Agreement Draft. 3.Revenue Records like Patta, Chitta, Adangal, EC, & A . 4.Enquiry about Completion Certificate. 5.Maintenance Charge & Corpus Fund. 6.Watchman Shed. 7.Sewage Facility. 8.Approved plan by Any Planning Authority (if Chennai (CMDA (Chennai Metropolita n Development Authority)) / DT (Development o f Town & Country Planning) / Any O ther Planning Authority. 9.Details about Car Parking. It has been customary to call unapproved plots as Panchayat approved layouts. Br okers and the so called "realty developers" always use the term Panchayat approv ed for selling unapproved layouts. It is a known fact that only Town and Country Planning authorities (such as DT ) along with nodal planning authorities (such as CMDA, DDA, HMDA) can approve la yout plans. Once these layouts are approved, Panchayat may have the ability to a pprove building plan subject to certain regulations. This delegation of power to approve building plans are limited to certain regions only. However, Panchayat can never approve a layout plan. Patta for residential land in Chennai : A complete guide ======================================================== A Patta is a document extract that is issued by Registrar of Land holdings. The

common to obtain the Patta is the Tahsildar office The common types of Patta are (a) (b) (c) the

Extract from permanent land Extract from town survey land Adhoc issue of Patta issued based on holdings as per records available with Taluk office

The formal process to obtain Patta involves an application providing details of the land or plot. The Tahsildar may mark your application for a detailed survey in case it requires a scrutiny. Once verified, you will receive the Patta with t he owner's name and can include multiple names if it is tly held. If the Pat ta is from extracts from permanent land or town survey land , a topo plan is also issued. A land requires Patta to prove ownership unlike buildings which can use possessi on as a means to prove ownership. Even though Patta is not offered for apartment s and houses, the land which was used to construct the building must have a vali d Patta. Patta may need to be transferred due to many reasons and the most common among t hem is through sale deed and legal heirs inheriting the property after the demis e of the property owner. An application with necessary details need to be furnis hed at the Tahsildar office. The list of documents required for obtaining Patta includes: Sale deed/ Title deed after registration Parent document (Previous sale deeds) If another plot in the layout obtained a patta, include it as unofficial ref erence. It is not an official requirement If it is Patta transfer, include legal document such as will, legal heir doc umentation, etc. If building is present, include plan documents. Include tax receipts. Pay relevant fees A survey may be required. Providing a Patta sample from neighboring plot as an unofficial requirement may help avoid a survey. The Patta can be obtained from the Tahsildar/VAO office and can also be view ed from eservices online service. Note that this link currently provides data sp ecific to agricultural land, non-municipal land, non-corporation land and non-na tham land. When selling a patta plot, the seller can use the e-services link mentioned abov e to generate a reference number. This reference number can be used by the buyer to patta details even before buying the plot. This service is limited to certain types of land and are not available for all districts and taluks at the time of writing this article. Patta transfer procedure for Tamilnadu and Chennai ================================================== In cases which do not involve sub-divisions, applicants are advised to approach the taluk office on second Fridays with the original documents for verification. For cases involving sub-divisions the petitioner will have to receive the order of patta transfer on the fourth Friday from the date of submission of applicati on. The applicant has to pay the sub division fee on the day of receipt of the o rder from the Tahsildar. This work would be completed within 30 days. Every Friday is being observed as Patta Day in taluk office. The VAOs and field

surveyors visit taluk office on every Friday to compete the process. Patta transfer is the most common transaction at any Taluk office. It is a commo n practice to see a pile of pending transactions at the Taluk office but the Sta te Government has streamlined processes for simple patta transfer. By G.O. 210 d ated July 8, 2011, the process has been streamlined and subsequently the Village istrative Officers (VAO) are empowered to accept applications for simple P atta transfers in certain Taluks. The Taluk office will continue to receive such applications apart from VAO. The Ambattur taluk office has a software system to issue Revenue Patta Transfer (RPT) numbers and are linked to each petition. Thi s process helps in transparency and efficient queuing of files. Some Taluk offic es conduct Patta Day to quickly disperse and process patta transfer applications . These efficient processes were observed in Ambattur Taluk and Tiruvallur dist rict. The documents required for Patta transfer arising out of a sale include the foll owing: 1) If the seller has Patta, the process is simple with the copy of the old patta submitted to Taluk office. A physical survey is required if the seller does not have Patta in his/her name. 2) Sale deed copy 3) Original documents for verification or attested copies of the documents 4) Application form 5) Copy of Layout sketch (if any) 6) Proof of Possession (if any) such as Corporation property tax receipt, CMWSSB card/ E.B card/certificate 7)Encumbrance certificate 8) Copy of Parent Documents Patta, Chitta and Adangal documents for Land- A comparison ========================================================== As soon as a buyer decides to purchase a land, one of the documents that the buy er first checks is the patta document. This document is a proof of private owner ship. However, it provides one with limited amount of information about the type of property. Chitta and Adangal provide a more complete documentation for the t ype of the property which might be especially important for the VAO to assess ta x for the land. Patta will tell you whether all the previous owners have paid the property tax o r whether any dues remain. Any transaction of land involves three primary organi zations which are the Sub Registrar's office, Taluk office and the VAO office. O nce the sale deed is ed at the Sub Registrar's office, Patta transfer ap plication can be obtained from the Taluk Office. Some districts even allow VAO t o accept patta applications. The specific information that Patta/Chitta extract contains include Patta number, survey number with subdivision details. Village, Taluk, District, Property owner s name with father s name. The buyer can view Patta/ Chitta extract for agriculture land by visiting the E-Services link. The seller can generate a reference number which can be used to view the Chitta extract. If you want to know about Patta transfer procedure, you can read more about the "P atta transfer procedure for Tamil Nadu and Chennai". If you would like to know a bout "Fast track or quick patta transfer" procedure in Tamil Nadu, click on the link. Once Patta is obtained, the Taluk office is expected to keep the VAO office upda ted with the details. The VAO will use this information to update their registry as part of Chitta and Adangal records. If the VAO office has the complete infor mation, the patta number would be the only primary information required to obtai n Chitta and Adangal. The VAO office might expect all dues to paid before Chitta

and Adangal extracts are provided. In most of the VAO offices, it does not take more than 1 or 2 business days to obtain the copies of Chitta and Adangal. Some times these copies could also be obtained on the same day. A copy of the Chitta will be with VAO and will contain details similar to Patta and will also be inde xed based on the patta number. The extract from A- can be found below. The seller can generate a refere nce number similar to the process followed for obtaining Chitta. The Seller can view the A- extract before purchasing the property. This facility is ava ilable for certain districts only. These Chitta and Adangal details can be easil y verified at the VAO office while Patta can be verified at the Taluk Office. Adangal is another document maintained by the VAO which provides more details ab out the type of the land and the purpose of the land (such as quality and type o f soil, wet/dry land, etc.). Adangal will provide you information about whether cultivation was ever performed on the piece of land that you now own. Adangal al so contains details about each piece of land in a village, the crops raised on t hat land, the condition of the crops, the tenants who have resided on this prope rty, etc. The adangal document records contain information like survey number wi se holdings, extent of field, duration of tenancy, details of first crop, month and date of harvest, approximate yield of crops, information related to land, et c.