official guidance

Information published as per Act 4(1)(b) of The Right to Information Act 2005

The Registration Department, headed by the Inspector General of Registration, Chennai, published this official guidance effective 1 January 2024. It explains the department’s organisation and gives practical guidance on property valuation, encumbrance certificates, deed preparation, stamp duty payment and presentation of documents for registration.

Category
Registration and stamp duty
Effective
1 January 2024
Pages
62
Status
In force
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What the publication covers

The Registration Department publication describes its administrative structure, functions and public information arrangements. The organisation includes the Inspector General of Registration, Chennai, Deputy Inspector Generals of Registration, Assistant Inspector Generals of Registration, District Registrars and Sub Registrars.

The guidance is relevant to property buyers, sellers, owners and people preparing documents for registration. It also identifies information published under the Right to Information Act 2005, including decision-making procedures, staff duties, records, budgets, electronic information and Public Information Officers.

Checks before purchasing property

The Registration Department advises a buyer to obtain an encumbrance certificate before deciding to purchase a property. This certificate helps the buyer ascertain transactions affecting the proposed property.

Key points include:

  • Encumbrance certificate applications are available free at Sub-Registrar Offices and as website downloads.
  • The applicant must provide all property particulars and pay the required fee.
  • The application fee is Re. 1, with a search fee of Rs. 15 for one year and Rs. 5 for every additional year.
  • An additional fee of Rs. 100 applies in STAR offices.
  • Statewide guideline values are available on the website and in the guideline value register held by the registering officer.

Preparing and registering a document

The Registration Department provides model draft deeds through registering officers and at www.tnreginet.net. A document should state the names and addresses of executants and claimants, sale consideration and full property details, including the building.

Important requirements are:

  • Executants should sign every page, and two witnesses should sign at the end.
  • For a sale deed, both seller and buyer should sign and appear before the registering officer.
  • Identity proof must be provided to the registering officer.
  • Documents may be drafted by executants, advocates or licensed document writers.
  • A receipt should be obtained for fees paid to licensed writers.

Stamp duty and presentation deadlines

The Registration Department states that stamp duty and registration fee rates are available on its website. Stamp papers may be purchased from licensed stamp vendors at face value, and stamp duty may also be paid by cash, demand draft or treasury challan.

A document must normally be presented within four months from execution. The District Registrar may condone a further delay of up to four months. The stated additional fine ranges from 25 per cent to 100 per cent of the registration fee, depending on the delay, and is payable in addition to the required registration fee. Executed wills have no presentation time limit.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

Should I obtain an encumbrance certificate before buying property?

Yes. The Registration Department advises buyers to obtain an encumbrance certificate to ascertain transactions affecting the property proposed for purchase.

Where can I check the guideline value of a property?

Statewide guideline values are available on the Registration Department website. The registering officer also holds the guideline value register.

How soon must a signed document be presented for registration?

A document should be presented within four months from its execution. The District Registrar may condone a delay of up to a further four months, subject to the stated additional fine.

Do both the buyer and seller need to attend for registration of a sale deed?

Yes. Both the seller and buyer should sign the sale deed and appear before the registering officer, and identity proof must be provided.