MJK Real Estates

Types of Documents There are various types of documents related to the transfer of ownership of properties, including houses and plots. Below, we explore some of these documents: 1.Gift Deed:    - A document where an individual transfers their property to another person without expecting any monetary compensation or other benefits. This is known as a gift deed. 2.Partition Deed:    - A document that divides an individual’s property among their heirs equally and records the transfer of ownership to the respective individuals. This is known as a partition deed. 3.Settlement Deed:    - A document where an individual divides their property among their heirs according to their wishes and records it. This is known as a settlement deed. 4.Will Deed:    - A document where an individual specifies how their property, including houses and plots, should be distributed among various individuals after their death. This is known as a will deed. 5.Sale Deed: ...

 Documents Not Mandatory for Registration Not all documents need to be registered; they can be registered if desired. Failure to register these documents cannot be used as a reason for rejecting them. 1. Sales Certificate for Immovable Property in Judicial Auctions:    - The sales certificate issued for selling immovable property in a judicial auction must be registered. 2. Mortgage Discharge Certificates:    - If a mortgage loan has been repaid or the debt has been settled and this is endorsed on the original mortgage deed, it does not need to be registered. 3. Government Grants of Immovable Property:    - Orders granting immovable property by the government do not need to be registered. 4. Debentures:    - Debentures issued by cooperative societies do not need to be registered. 5. Court Settlement Deeds:    - Settlement deeds created as part of a court settlement do not need to be registered. 6. Leases Under One Year:   ...

How to Obtain DTCP Approval for Panchayat-Approved Plots Over the past thirty years, panchayat-approved plots, No Objection Certificate (NOC) plots, and unapproved plots were banned from registration by the Chennai High Court in October 2016.  As a result, until the end of 2017, it was impossible to buy, sell, or register such plots, leaving many transactions in limbo. In response to continuous requests from real estate developers and buyers, the government issued a regularization order (Government Order No. 78) in late 2017 to address this issue. However, the implementation of the government order faced some practical challenges and the regularization fees were considered high. The government then made amendments to the order to accommodate these concerns. The DTCP (Directorate of Town and Country Planning) office has set several deadlines for regularization applications and is reviewing them accordingly. Given the vast number of plots across Tamil Nadu, it is expected that the DT...

Checklist Before Buying a Property When a piece of land comes up for sale, here are the steps you should follow immediately: 1. Check the Computerized EC (Encumbrance Certificate) from 1975:    - Obtain the computerized EC from 1975 onward.    - Also, get the manual EC from 1908 or 1858 if possible.    If the EC shows zero value, it indicates that the land is government land, wasteland, or encumbered land, and you should avoid purchasing it. 2. Double Document Land:    - Avoid properties listed under a Power of Attorney (POA) as they may lead to double documentation issues.    - If you must buy a POA property, verify if the person who granted the power is alive and mentally sound. Meet the grantor in person and verify the POA's validity. 3. Will Document Land:    - Verify if the land ownership has been transferred through a will.    - Ensure that the will is the last and final will. Check with the seller’s relatives f...

Hidden Facts About Auction Properties You might have seen public auction notices in newspapers daily. Most of the time, these are properties that were purchased with bank loans that the owners could not repay, leading to the auction. There are specific buyers who specialize in purchasing these auctioned properties. Mostly, those working in banks, real estate professionals, and real estate investors show interest in buying such auction properties. Their belief is that the auction price is determined based on the market value. Banks also employ good property valuers to appraise these auction properties, making them seem reliable and free of encumbrances. However, in reality, market value appreciation is often driven by development and sometimes by speculation. It is beneficial to auction properties in developing areas. However, properties in speculative areas with inflated prices can lead to financial losses. In real estate, artificial price increases are like bubbles that burst after a ...

 Book-4 Documents Whether it is a property document or a non-property document, all documents can be registered. Generally, documents are classified into three types. Documents that are not registered in Book-1 are registered in Book-4. These are known as private documents or personal documents. They may or may not be related to property, but the key point to note is that the ownership of immovable property does not change hands through these documents. For example, if an immovable property is sold, the ownership rights of that property are transferred from one person (the seller) to another person (the buyer). Therefore, such documents are registered in Book-1. However, documents related to property that do not transfer ownership are registered in Book-4.  Examples include: Power of Attorney Documents:  Authorizes someone to act on behalf of another person in legal or financial matters. Adoption Deeds:  Legal documents for adopting a child. Trust Deeds Not Related t...

Book-3 Documents Whether it is a property document or a non-property document, all documents can be registered. Generally, documents are classified into three types. Book-3 is a special category for documents that do not fall under Book-1 or Book-4. It is primarily for the registration of wills. A will may or may not involve immovable property. Since a will comes into effect only after the death of the person who made it, it is specifically recorded in Book-3. A will is a personal document. It does not belong to the category of public documents. Only the person who wrote the will can obtain a copy of it, and no one else can access it. After their death, the heirs can obtain a copy of the will. In addition to wills, Book-3 also includes codicils, which are modifications or additions to an existing will. If someone wishes to make changes to an already written will, they can draft a codicil, which is then registered as a separate document but linked to the original will in Book-3. There a...

 Book-2 Documents Whether it is a property document or a non-property document, all documents can be registered. Generally, documents are classified into three types: Book-2 is not a book for registering documents. This book is generally kept empty without any registrations. When a document is submitted for registration, it must be correct for the registrar to accept it. If the document is not correct, the registrar will not register it. The reasons for which a registrar can refuse to register a document are mentioned in Section 71 of the Registration Act. If the registrar refuses registration, the reason must be written on the back of the document and signed by the registrar. The same reason must also be written in Book-2. Only these details are recorded in Book-2. Reasons for Refusing Registration: 1.Outside Jurisdiction:  If the property mentioned in the document is outside the jurisdiction of the registration office, registration can be refused. 2.Invalid Signatures: If th...

Book-1 Documents Whether it is a property document or a non-property document, all documents can be registered. Generally, documents are classified into three types: 1.Property-Related Documents:  These involve the transfer of property rights. Such property-related documents are registered in the registration office under Book-I (Book-1). For example, if you look at a sale deed, it will have the document number and the book in which it is registered mentioned. Documents registered in Book-I are referred to as “public documents.” What is a Public Document? A public document is a type of registration that is made known to the public. It means informing the world that someone has purchased a property. Anyone can view and obtain a copy of such a document. Additionally, the registration information will be included in the encumbrance book, making it accessible to anyone who wants to see or obtain a copy of the document. Book-I documents are considered public records. This means the deta...

Three Years Imprisonment for Registering Fake Documents:  New Bill Passed in Legislative Assembly Chennai: A bill amending the Registration Act to include provisions for the cancellation of fake documents was passed by a voice vote in the Legislative Assembly. This law, known as the Registration (Tamil Nadu Second Amendment) Act, 2021, will come into immediate effect. A new section, 22B, has been added to this law, which empowers the registering officer to reject the registration of fake documents and other false records. Under the Registration Act of 1908, once a document was registered, neither the registering officer nor any other authority had the power to cancel it, even for reasons like fraud or impersonation. If documents were found to be registered based on impersonation or fake records, the Sub-Registrar or the Inspector General of Registration could approach the courts to seek cancellation. This left the power of canceling fraudulent registrations solely with the judiciar...

 Problems Arising from Unregistered Partition Even if there is a partition among family members, failing to register it can cause issues for future generations, said Judge Mohan Ram. At a legal awareness camp conducted by the Chengalpattu Taluk Legal Services at Balappadi in Chengalpattu district, Principal District Judge Mohan Ram spoke about the matter. He stated that civil cases are largely decided based on documents. When there are no documents from either party, decisions are made based on witnesses. Many complaints have been made about the refusal to issue land titles (patta). Authorities first examine the rights and the means of acquiring those rights of the person requesting the patta. Properties valued over 100 rupees must be registered. Claims cannot be made based on unregistered documents. In villages, 80% of partitions are resolved through informal agreements written on small value stamps (2 to 50 rupees), which are not legally recognized. Though properties may be divid...

 How to Cancel a Power of Attorney in India for Property Registration Cancelling a Power of Attorney (PoA) in India involves several legal steps. Here's a detailed explanation of the process: Steps to Cancel a Power of Attorney 1. Drafting the Revocation Deed:    - The principal must draft a revocation deed, which is a legal document stating the intention to cancel the PoA.    - The revocation deed should clearly mention the date of the original PoA, the name of the agent, and the reason for revocation.    - Include a clause stating that all powers and authorities given to the agent are revoked and that the agent is no longer authorized to act on behalf of the principal. 2. Execution of the Revocation Deed:    - The revocation deed should be executed on a non-judicial stamp paper of appropriate value, which varies by state.    - The principal must sign the revocation deed in the presence of two witnesses who also need to sign the do...

 Power of Attorney in India: Property Registration A Power of Attorney (PoA) is a legal document that allows an individual (the principal) to authorize another person (the agent or attorney-in-fact) to act on their behalf. In the context of property registration in India, a PoA can be used for various purposes, such as managing property, executing transactions, and representing the principal in legal matters related to the property. Types of Power of Attorney 1.General Power of Attorney (GPA):    - Authorizes the agent to perform a wide range of activities on behalf of the principal.    - Used for general administrative tasks such as managing property, handling bank accounts, or conducting business transactions. 2.Special Power of Attorney (SPA):    - Authorizes the agent to perform specific tasks or activities.    - Used for particular tasks like selling a property, executing a lease agreement, or representing the principal in a specific leg...

Land Measurement Units Different regions use different measurement units, and it's important to understand them. In Tamil Nadu, three measurement systems are commonly used: 1.Traditional Local Measurements: Kuzhi, Ma, Veli, Kani, Marakka 2.British System Measurements: Square feet, Cent, Acre 3.Metric System Measurements: Square meter, Ares, Hectares However, all patta (land title) documents are in metric units, specifically in ares and hectares.  Land Measurement Conversions: 1 Cent – 40.47 Square Meters 1 Acre – 43,560 Square Feet 1 Acre – 40.47 Ares 1 Hectare – 10,000 Square Meters 1 Cent – 435.6 Square Feet 1 Are – 100 Square Meters 1 Kuzhi – 144 Square Feet 1 Cent – 3 Kuzhi 3 Ma – 1 Acre 3 Kuzhi – 435.6 Square Feet 1 Ma – 100 Kuzhi 1 Acre – 18 Grounds 1 Ground – 2,400 Square Feet Acre: 1 Acre – 100 Cents 1 Acre – 0.404694 Hectares 1 Acre – 40.5 Ares 1 Acre – 43,560 Square Feet 1 Acre – 4046 Square Meters Cent: 1 Cent – 0.01 Acre 1 Cent – 0.0040 Hectares 1 Cent – 0.405 Ares 1 Ce...

 What is a Settlement? A settlement deed refers to the act of gifting property within a family. It involves transferring property to a family member while the owner is still alive and of sound mind. Such a settlement deed, once executed as a gift, cannot be canceled. Cases related to the cancellation of settlement deeds are quite common. However, a deed that has been settled or a property that has been sold cannot be reclaimed. What is a Settlement? Some people may attempt to revoke a settlement deed because the recipient of the property engages in actions without their consent. In such cases, the original owner might file a lawsuit to reclaim the property. Therefore, when transferring property through a settlement deed, the donor should impose certain conditions. The property owner can apply any conditions they see fit. Important Considerations for the Donor A settlement deed can only be executed with self-acquired property, not ancestral property. It is advisable for the donor to...

 Can a Settlement Deed be Canceled? A donation settlement deed given to you by your mother, father, or another person cannot be canceled. Such cases are frequently seen in court. This is because problems often arise with donation settlement deeds. Once a donation is made, it cannot be revoked or canceled. Additionally, the person donating the property must transfer ownership (indicating the land or property is legally theirs) to you. It is essential to have the land title (patta) changed to your name. Failing to transfer ownership and the land title poses a significant risk to the donation settlement deed. If the donor has given the property with certain conditions and regulations, these conditions and regulations must be followed. If not, it can lead to complications. Donation is considered a gift given from one's own blood. There is also a provision for giving property to a third party. If donated to blood relatives, the stamp duty is 1%, and the registration fee is also 1% up to...

 Inheritance of Property Without Heirs This is a question that arises in everyone's mind. The main concern is what happens to the property if both the husband and wife are no longer alive. In the absence of direct heirs, such as sons and daughters, the property can be inherited by the second-degree heirs. Who are Second-Degree Heirs? Second-degree heirs include the husband's siblings (brother or sister) and the wife's siblings (brother or sister). Generally, the issue of property and money is a common problem in every household. Furthermore, the question of who will inherit the property if there are no direct heirs often arises in our minds. If both parents (father and mother) do not have sons, the question of who will inherit the property is a common concern. In such cases, the property can be transferred to the name of the surviving spouse or the daughters, if the father is unable to enjoy the property.

Sample Loan Agreement A mortgage declaration is a method for drafting a loan document - a loan agreement is when a person borrows money from another person. Lenders will often require a loan agreement to be written. Usually, this is written on a bond paper that costs only ₹20. However, it should be noted that this document alone is not legally strong enough to take action because the date of the loan and other crucial details might not be explicitly stated. The following details should be carefully checked: The borrower and lender must mutually agree on the terms and sign the document to confirm the agreement. Loan Agreement A loan agreement generally favors the lender more than the borrower. Lenders can easily send a legal notice through an attorney without informing the borrower. They might also be able to register the borrower's property easily. In simple terms, it is not advisable to lend money based on verbal agreements alone. If you are lending money, it is essential to secur...

 Who Inherits Grandmother's Property? The inheritance of a grandmother's property often leads to confusion about who is entitled to it. Let's explore how the property is distributed among sons, daughters, grandsons, and granddaughters. Typically, property can be ancestral or self-acquired. The question of who has the right to claim or enjoy the property often arises. Who Owns Grandmother's Property? 1. If the grandmother is deceased, the property goes to the grandfather.     2. If the grandmother has only one son, the property will go to that son.     3. If the grandmother has two sons, the property will be divided equally between them through partition.     4. If the grandmother has no sons but has two grandsons or two granddaughters, the property will go to both of them equally.     5. If the grandmother has one surviving son and a grandson or granddaughter from another deceased son, the property will be equally divided between the survivin...

 Private Land Encroachment Law If a piece of land is privately owned, the government can seize that land at any time under the amended ceiling law. However, a private individual cannot encroach upon another person's land. Private Land Encroachment Law - Government Land vs. Private Land 1. Suppose an individual owns a piece of land. The government can take over that land without notifying the landowner.      2. This is stated under Section 20 of the Urban Land (Ceiling and Regulation) Act of 1971. 3. In the past, the government would consult with the private landowner before taking over their land.     4. According to the 1971 amendment, the government will certainly take over land if needed for community purposes. 5. Initially, the government will explore available public lands in the area. If no public lands are available, the government will utilize privately owned lands for community purposes. 6. For this, the government will provide compensation to the ...

 Rectification Deed Errors are common, but making mistakes in deeds can cause future problems. Therefore, anyone writing deeds should do so with great care. Rectification Deed If there are errors in a deed, there are simple ways to correct them. Let's look at a few. Errors in deeds are referred to as rectifications. There are two types of rectification deeds: one for minor errors and another for title and deed corrections. Rectification deeds for minor errors include corrections in directions, boundaries, names, initials, addresses, FMB (Field Measurement Book), and other such details. The seller of the plot or land must rectify these errors. There is no need to pay stamp duty or registration fees for these corrections. If there are any other corrections, both the seller and the buyer must sign the rectification deed. If you realize a mistake while writing, do not scratch out or erase anything. For errors in survey numbers or land measurements, a new sale deed must be executed. Cha...

Documents to Check Before Buying Property When buying immovable properties, it is crucial to pay attention to several additional factors. Mother Deed and Sale Deed: The mother deed contains all details of the property ownership from the first owner to the current owner. The sale deed transfers ownership with the consent of both parties and is registered at the sub-registrar's office. It is the legal document that records the transfer of title, rights, and ownership from the seller to the buyer. In case of lost documents, the buyer can identify ownership details from the seller's previous documents. With a lawyer's help, one can verify that there are no encumbrances. The previous document should have clear legal ownership transfers acknowledged by a court, government, or recognized institution. The current owner, or seller, should be verified through a continuous sequence of legal transactions over the last 30 years. If 30-year documentation is unavailable, the buyer should ...

 Extra Care is Essential When Drafting a Property Deed When drafting a deed for purchasing immovable properties, several additional details need to be considered. Often, when buying a house or plot, people focus only on general aspects while drafting the sale deed. It is incorrect to think that just having the seller's and buyer's names, addresses, property survey number, area, type, and boundaries in the sale deed is sufficient. This is not enough. Details such as the condition of the property, whether it is vacant land, a garden, a house, or if it includes a well or borewell, must be considered. Such information must be included in the deed. Simply mentioning the value of the land or house is not enough. A property cannot be defined only by the land and house; the value should include all the items within it. If important details are not mentioned, issues may arise after the sale, such as the seller claiming rights to items in the house. Ensure that all the facilities availab...

 Is an Agreement Necessary Between Tenant and Landlord? In Chennai, more tenants are present compared to other cities, and the rental rates are also higher. Consequently, rental disputes are more frequent in Chennai. Issues in Chennai: In Chennai, many houses are rented without basic amenities, charging high maintenance fees, and exorbitant electricity charges for houses without separate electricity connections. Such disputes between tenants and landlords are common due to the lack of legal clarity. To avoid conflicts, it is essential to have a rental agreement. This document can resolve many issues, as it specifies the rent, maintenance charges, electricity bill, whitewash responsibility, and advance payment. Without an agreement, disputes can arise over advance amounts or responsibilities like whitewashing the house. Rental Agreement: A rental agreement should be made on a ₹20 stamp paper, purchased from an authorized stamp vendor. The agreement should be filled out with mutual c...

 What is a Deed? A deed is a legal document that grants certain rights to an individual because they fulfill specified conditions. Generally, deeds are used to transfer ownership of property or vehicles from one person to another. Purpose of a Deed: The purpose of a deed is to transfer ownership from one person to another. This ownership can be in the form of property or assets. To make this document legally binding in court, it must be filed in the public registry by a government official. Additionally, the deed must be signed and witnessed according to the law. If the deed is not in written form or properly registered in the public records, it is considered incomplete. Difference Between a Contract and a Deed: Contract law outlines legally enforceable agreements that propose and accept certain obligations. A contract requires consideration, which means that parties must review what they are promising to fulfill a specific action. In contrast, a deed does not require consideration...

Where to Apply for Building Plan Approval Where should you apply to obtain a building plan for construction? Whether it's for a new construction or an extension to an existing building, obtaining the necessary plan approval is mandatory. This approval must be obtained from either the Chennai Metropolitan Development Authority (CMDA) or the Directorate of Town and Country Planning (DTCP). Approval Process: The layout must comply with the regulations set by the CMDA. Officials will inspect the site to ensure it adheres to these regulations. Plan approval will only be granted if it complies with the rules; otherwise, the CMDA or DTCP will not approve the plan. Where to Apply: Those building houses or buildings in Chennai should apply for plan approval at the CMDA office. Residents of other cities should obtain approval from the DTCP. Both the landowner and the tenant can apply for building permission. However, the application must be submitted in the prescribed form. Three Forms: Appl...