Section 10 in Tamil Nadu Transfer of Development Rights Rules, 2019
10. Terms and Conditions for transfer of Development Right Certificate.
(1)The planning authority shall allow transfer of Development Right Certificate as follows:-(a)In case of death of holder of the Development Rights Certificate, development rights shall be transferred only on production of the documents, as may be specified by it from time to time, after due verification and satisfaction regarding title and legal successor.(b)If a holder of Development Right Certificate intends to transfer it to any other person, he shall submit the original Development Right Certificate to the planning authority with an application along with following documents, namely:-(i)registered agreement, duly signed by the transferor and the transferee.(ii)......(iii).......(c)A new Development Right Certificate will be issued with details of transfer, in replacement of the original Development Right Certificate.(2)(a)The specimen signature and thumb impression in the application form for transfer shall be attested by a Notary Public under his Official seal.(b)The transfer application form shall be signed by all the joint holders of the Development Right Certificate.(c)Agreement for transfer of Development Right Certificate shall have to be executed by both the transferor and transferee as conveyance deed and stamp duty as applicable shall be paid on each transfer under the provisions of the Indian Stamp Act, 1899 (central Act II of 1899).(d)Any transfer of Development Right Certificate shall be charged at the rate of Rs.10/- per sq.mtr. subject to minimum of Rs.1,000/-.(e)Transfer of Development Right Certificate shall be approved by the planning authority.(f)The transferor shall not be treated as registered holder of development rights unless a new Development Right Certificate is issued to him by the planning authority.(g)In case of the death of the holder of Development Right Certificate, the Development Right Certificate shall be transferred only on production of succession certificate or letter of administration or probate in case of a will, as the case may be. On production of the aforesaid documents, names of the legal heirs shall be included in the Development Right Certificate.AppendixForm-IApplication for Development Right Certificate[see rule 6(1)]FromName of the owner & his address................................................................................ToThe Member Secretary,Chennai Metropolitan Development Authority,Thalamuthu-Natarajan Building, No.1, Gandhi Irwin Road,Egmore, Chennai-600 008.Sir,I/We intend to surrender the part / whole of the land of extent about...................sq.m in T.S.No..................Block No.................S.No.............of.................Village in........................ Taluk of .........................District which is reserved as...............a public purpose as per the Second Master Plan for CMA /............... DDP / as notified by the Government Department or agency or....................................Local Body for the grant of DRC in lieu of monitory compensation.I/We enclose herewith the following:(i)Site plan showing the extent of the site owned by the applicant along with the details of the existing structures(ii)FMB sketch / PLR extract for the site under reference duly attested by a revenue official not below the rank of Deputy Tahsildar(iii)Title deed to prove that the applicant has absolute right over the land for which DRC is applied for(iv)Area statement of the land for which DRC applied for, duly certified by an Architect or an Engineer who shall also be a class-I Licensed Surveyor(v)Encumbrance certificate for 20 yearsI/We hereby state that no monetary compensation or DRC has been obtained earlier for the part of the land applied for the DRC now.I agree for all the regulations and conditions stated in the Annexure XXI of the DR for CMA and the Guidelines notified there under including the conditions that the DRC issued can be cancelled if it has been obtained by any fraudulent manner and if it has come to the notice of the CMDA later that the site under reference is encumbered or the title is under litigation.Encl.:Signature of the owner of the landForm-IIDevelopment Rights Certificate[see rule 7(2)]Office of the Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.I ...........................Member Secretary, Chennai Metropolitan Development Authority having its office at Thalamuthu- Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008, certify that the persons named hereunder in this certificate is / are the Registered Holders of the DRC issued subject to the provisions of the Development Regulations No.9 [read with the regulations for TDR given in Annexure - XXI and the guidelines approved by the Authority] which formed part of the Second Master Plan for Chennai Metropolitan Area approved under the provisions of the Tamil Nadu Town & Country Planning Act, 1971.i. Location and details of the land surrendered...............................................................................................ii. Reservation as per the Master Plan / DDP or.................................................................................
