Real estate and property lawyers in Chennai

No, where the property is worth one hundred rupees or more. Section 54 of the Transfer of Property Act, 1882 allows such a sale only by a registered instrument, and section 17 of the Registration Act, 1908 makes registration compulsory. Under section 49 of that Act an unregistered deed cannot affect the property or be received as evidence of the sale, although it can be used as evidence of a contract in a suit for specific performance: S. Kaladevi v. V.R. Somasundaram, (2010) 5 SCC 401.

At a minimum: the earlier deeds showing how the seller came to own the property, the encumbrance certificate from the Registration Department, patta and other revenue records, the approved building plan and completion certificate for a building, and property tax receipts. Patta pass book entries are prima facie evidence of title under section 6 of the Tamil Nadu Patta Pass Book Act, 1983. For a new project, also confirm that the promoter has registered it under RERA.

The registration office will not register a transfer of land unless the patta pass book for the land is produced (Tamil Nadu Patta Pass Book Act, 1983, section 5(1)). On registration, the registering authority makes the entries and sends an extract to the Tahsildar, who updates the record and the pass book (section 5(2) and (3)). Where someone acquires land through a route other than a registered document, the acquisition must be reported to the Tahsildar within three months (section 7(1)).

The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. The landlord and tenant file a copy of the tenancy agreement with the Rent Authority, who registers it and gives the parties a registration number (section 4(4)); if the particulars are not filed, statements in the agreement are not received as evidence of the facts in court (section 4(5)). The landlord must give the tenant one original signed and registered agreement within fifteen days of signing (section 12).

Twelve years in most cases. A suit for possession based on title runs for twelve years from the date the defendant's possession becomes adverse to the plaintiff (Limitation Act, 1963, Article 65), and a suit based on previous possession runs for twelve years from the date of dispossession (Article 64). By a landlord against a tenant, the twelve years run from the date the tenancy is determined (Article 67).

Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Collector adds a solatium equal to one hundred per cent of the compensation determined (section 30(1)). The award also includes interest at twelve per cent per annum on the market value of the land, from the publication of the Social Impact Assessment notification until the Collector's award or the taking of possession, whichever is earlier (section 30(3)).

No. Section 3(1) of the Real Estate (Regulation and Development) Act, 2016 bars a promoter from advertising, marketing, booking, selling or offering to sell any plot or apartment in a project without first registering it with the Real Estate Regulatory Authority. Registration is not required where the land does not exceed five hundred square meters or the project has no more than eight apartments across all phases (section 3(2)(a)).