Register your land on square feet basis as earlier registration was done on basis of square feet
2) in the alternative cancel the sale deed and take refund of your money paid to seller
Chennai agricultural land registration
Hi Team, I'm planning to register 45 cents of agricultural land in Thiruvallur, TamilNadu which was an ancestoral share of the seller out of 1.35 Acres[Survey no: 368] divided by 3 brothers. We are interested in purchasing 368/1B where paddy is planted now On August 2015 one of the brother out of his part (survey: 368/2) has sold 3 plots as unapproved plots measuring 4800 sqft for which fixation has not been updated yet All the patta, online guideline value, VAO letter everything is measured in cents and terms as Wet cultivable land After consultation with SRO, we got the registration token, printed the sale deed on the required stamp paper and even the seller has signed the sale deed. But at the final movement SRO stalled the process stating that the registration has to be done on Square feet valuation as a sub part of the survey number is already registererd on square feet and the registration can continue only if we can register on square feet. We already paid the seller 95% of money, not sure what to do now. Seller is still cooperating Not sure on how to proceed, we are higly worried on what to do next. Looking forward to your advice attorneys, your help will be much appreciated Thanks, Sathish
Asked 4 years ago in Property Law
Religion: Hindu
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12 Answers
Thanks for the resposne Ajay, How can an agriculture land registered in square feet in Tamil Nadu and previous registration was done on the other part not on this survey no 368/1B of 45 cents. Also this land has no layout or road connectivity to outside its primarily used for agriculture Thanks, Sathsih
Asked 4 years ago
You can challenge the said decision of SRO before writ court. There is no such compulsion. Only the total value of land has to be considered for valuation during registration.
You can take the plea that land is used primarily used for agricultural purposes and not subdivided into plots
If sub registrar refuses to permit registration on basis of cents then file writ in HC against sub registrar decision to register it in square feet basis
The issue starts with the sale of previous plots. How unapproved plots has been sold?
Once that issue is sorted out your registration can be done.
Do some ground work of getting copies of the previous documents to establish that the sale of unapproved plots is illegal and square feet basis shall not apply.
Regards
G. Rajaganapathy
High Court of Madras
No matter you can prepare rectification deed and mention the error in that instead of sq ft previous it was shown as cents, so now rectifying as per sq ft.
Show the calculation table in the schedule part. So you don't have to pay stamp duty and registration charges again.... Only nominal charges 100 or 1000 rupees need to pay.
See you can write both the measurements let it be registered in Square Feet value of agriculture land in said valuation zone shall be in Cents or any other prescribed unit in the circle rates, it wont change the valuation of the property. So cents then converted to sq. Ft. can be written in the deed.
See both the measurements can be written there won't be any harm if it is registered in Sq. Ft. also.
1. It is incorrect to insist you to register the land being measured in sq.ft and not in cents.
2. The sub part of the instant survey number is already registererd on square feet because it was sold in three plots which have not yet been approved for which you can not be forced to register yourcultivatable land to be purchased in sq.ft.
3. However, since you have already invested most of the amount, get your sle ded registered any how and settle the matter.
1. No where in India agriculturaol land is sold measuring in sq.fts.
2. Agricultural land is measured in Bigha, Kattah or cents in India.
3. May be that since the sub part of the same survey number, which has been sold after making plots, is already registererd on square feet, the Registrar is asking you to measure your area of land in sw.ft.
File writ petition in High court under art 226, court give directions to sub registrar.
If the property has not been converted to NA then the SRO's contention can be challenged before the District registrar stating that somebody has done a mistake in the past, it will not mean that the subsequent people also are to do the same mistake.
The SRO is incorrect to state that this has to be registered on the basis of the Square feet because the property still is an agricultural land and not converted into NA and there are ample evidences to prove the same.
A legal notice can be issued to the SRO in this regard and if necessary an injunction suit may also be filed against the said SRO getting a direction to him through court for doing the registration on the basis of agricultural land and to hold the registration process under hold till then.
If the matter can be solved within the district registrar level, then there is no necessity to file a suit on this.
You are right, you can fight out the menace of ill-knowledge of such SROs through legal procedures only.
However you may approach the District registrar for getting any solution without taking legal steps on this.