Introduction:
Purchasing land near state borders involves unique challenges and considerations due to the complexities of boundary definitions and overlapping administrative jurisdictions. This article outlines 14 important points to consider when acquiring property in states bordering TamilNadu, such as Kerala, Karnataka, Andhra Pradesh, and Puducherry.
Key Considerations:
- Awareness of Boundary Ambiguities: Post-1954, after linguistic reorganization
of states, precise boundary delineations were not completed, resulting in dual
registrations in some areas. - Double Documentation: Due to the overlapping jurisdictions, many properties
have dual documents registered in the land records of both neighboring states. - Periodic Boundary Reviews: Ideally, state governments should review and adjust
state boundaries every 10 years, but this often does not happen in practice. - Length of State Boundaries: The Tamil Nadu-Kerala border is 830.1 km long,
Tamil Nadu-Andhra Pradesh border is 578.8 km, Tamil Nadu-Karnataka border is
481 km, and the Tamil Nadu-Puducherry border is 353.88 km. - Dual State Benefits: Residents in border villages often possess voter and ration
cards from both states, leading to dual documentation for properties. - Incomplete Boundary Surveys: State boundary surveys are still incomplete and
not fully established. - Multilingual Border Villages: Villages around Hosur, Puliyampatti (Coimbatore),
Andhra border areas in Vellore, and Nilgiri district have populations speaking Telugu,
Kannada, and Badaga, while some Tamil-speaking villages exist in Andhra Pradesh
and Karnataka. - Historical Deeds in Native Languages: Older property deeds in these multilingual
villages are often in the local languages, such as Telugu, Kannada, Badaga, and Urdu. - Language Barriers: Without understanding the local language, one should not
proceed with property purchases in these areas. - Cross-State Registrations: Until 1997, a property located in Tamil Nadu and
Kerala could be registered in either state if both buyer and seller were from Kerala,
leading to complications. - EC (Encumbrance Certificate) Issues: Tamil Nadu properties registered in
Kerala will not appear in Tamil Nadu’s EC, causing potential legal disputes. - Non-Recognition of Cross-State Registrations: It has been only 20 years since
Tamil Nadu declared that properties registered in other states are not valid. - Verification of Documents: Ensure thorough verification of wills, donations,
Hiba deeds, death certificates, and heirship certificates registered in other states for
properties in Tamil Nadu. - RTI Findings: Through the Right to Information Act, it was confirmed that the
Tamil Nadu-Kerala border is 830.1 km long, yet the complete boundary survey has
not been done, and the general boundary is still not fully established.
Conclusion:
Purchasing land near state borders requires careful consideration of various factors,
including boundary ambiguities, dual documentation, and language barriers. Thorough verification of documents and understanding the historical context of property registrations are crucial to avoid legal complications. Consulting legal experts and utilizing the Right to Information Act can provide valuable insights and ensure a secure transaction.
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