How to Purchase of Vacant Housing Plot In Tamil Nadu
Many purchasers prefer to own a vacant housing site for investment purposes. Investment in a vacant house site in a developing location invariably produces a very good return, provided care is taken to ascertain the clear and marketable title to the property.
One should look for and purchase only approved housing sites. In Tamilnadu, the authority to grant approval for the housing layout is Chennai Metropolitan Development Authority if the land is situated within the city limits and Department of Town and Country Planning for the lands situated outside city limits. There is no other approval for vacant housing laid out by any other authority.
On many occasions the purchasers are misled. One time a purchaser attracted by the location, was keen on purchasing the plot and was very certain that the housing site was approved. Promoter’s statement was that originally land was agricultural land and the guideline value register of the Registration Department mentioned the value as per cent being agricultural land; the District Registrar of the Registration Department inspected the land pursuant to a sale of a vacant plot in the lay out and revised the guideline value from rate per cent to rate per sq.ft. Hence, the layout has become approved.
After explaining that the District Registrar has no power to approve a housing lay out and the conversion to sq.ft. And revision of guideline value per sq.ft., is for the purpose of levy and collection of stamp duty and registration charges, the purchaser understood the implication and returned the documents to the promoter.
Since the housing lay out schemes are promoted on a larger extent of land, the original parent titled documents are retained by the promoter and produced only for inspection.
The purchaser has to scrutinize, verify and ascertain the following:
Negotiate with the owner and verify the original title documents
Survey the plot through the Revenue Department to ascertain the location of the plot and that the survey number and the extent of land is as per the Field Map Book of the Revenue Department.
It is also important to ascertain that the physical linear measurement as per Revenue records. The Sketch of the property with linear measurement is shown on the reverse of the patta.
If there is a variation, let us say as per document the plot has a frontage of 40 feet and depth of 60 feet but as per Revenue records the frontages is 60 feet and the depth is 40 feet, the planning authority will refuse to process the application unless the mistake is rectified. Further, rectification of the Revenue record is a complication process and revised sketch patta will be issued after ascertaining the Field Map Sketch of the Revenue Department and after conducting due enquiry with all the concerned persons.
Ensure that the land area of the plot is the private land as per the Revenue record.
Ensure that the land area of the plot is not in the area demarcated for park, common areas, shops, schools or other purposes.
Roads, parks, common areas, open space reservation areas, areas demarcated for temples are handed over to the local government body/panchayat by way of a registered gift deed. The gift deed should contain a plan highlighting the area transferred to the local panchayat.
Visit the jurisdictional Town and country planning office. Enquire, verify, inspect the original layout approval and ascertain that the housing layout scheme, survey number and the layout scheme is genuine.
Fence the housing plot soon after the purchase.
Immediately after purchase, apply and obtain patta from the Taluk Office. Ensure the extent of land in the patta, as per document and as per physical measurement are same. It is very important that the government Revenue records should be altered soon after the purchase by subdividing the survey number and reflecting the name of the present owner.
Patta is very important as the planning authority would not grant planning permission without production of patta in the name of the current owner. Please refer chapter 4 on the topic importance of Revenue Record.
Blueprint of the approved plan, Field Map Book(FMB) of the revenue department for the survey numbers, patta, Chitta and adangal should form part of the parent title document
Visit the village administrative Officer and pay the tax on a yearly basis.
Ensure correct survey no. is mentioned in the sale deed.
Attach sketch of the plot with description of boundaries.
ii. SUBDIVIDED PLOT
There are instances; the land owner sub divides the larger extent of land purchased by him into smaller plots by getting a subdivision plan from the jurisdictional panchayat officer or from the corporation if the land is within the city limits. Subdivision plans are sanctioned for the lands by the local authority up to an extent of less than 1 acre (18 grounds) subject however to compliance of other legal requirements.
Please ensure that the precautions mentioned in paragraph I above are cleared to his full satisfaction.
iii. UNAPPROVED PLOTS
It is not advisable to purchase unapproved plots. It does not convey a clear and marketable title to the housing plot. In an unapproved plot, it is possible that the Revenue classification of the unapproved land may be a government land or demarcated for communal land, temple land, and pond or classified as cart track, pathway land or common land for the local villagers.
Housing loans are not granted for purchase of land in an unapproved scheme. If the land is clear and is capable of development. One can avail loan to put up construction of a house on obtaining a sanctioned plan from the local panchayat.
In some cases, 10% of the land value as per the guideline value is also levied for obtaining a planning permit by the local authority towards open space reservation charges.
ZONING, ACQUISITION PROCEEDINGS, PERMISSIBLE CONSTRUCTION AREA:
It is important that enquiry should be made and ascertained about the classification of the land and on the aspect of the permissible type, number of floors and the total built up area allowed before purchasing the land. The construction is permitted considering the width of the road, extent of land area, classification of land, location of land, closer to lake, ponds, water bodies, estuary, burial ground, airports, and backwater area. In certain areas, like areas, agricultural zone, industrial zone, coastal zone, regulation area, construction activity is not permitted. Enquiry should be made about the acquisition proceedings and whether the construction activity is prohibited by any recent government orders. Recently lands in certain survey numbers in some areas in perumbakkam, Mambakkam were prohibited from development by the Archeological Department.
This information is available at the office of the Commissioner of land Reforms, office of the Chennai Metropolitan Development Authority at Chennai and Concerned Town and Country Planning and the panchayat office.