The Registration (Tamil Nadu Amendment) Act, 2008, Act 2 of 2009
The Registration (Tamil Nadu Amendment) Act, 2008, Act Number 2 of 2009, was enacted by the Tamil Nadu Legislative Assembly and published by the Government of Tamil Nadu, Law Department, on 5 February 2009. It requires registering officers across Tamil Nadu to refuse specified property documents, including certain unauthorised transfers, unapproved house-site transfers and unilateral cancellation of sale deeds, and it was later amended by the Registration (Tamil Nadu Amendment) Amendment Act, 2012, Act Number 28 of 2012.
What the law does
The Registration (Tamil Nadu Amendment) Act, 2008 applies throughout Tamil Nadu and replaces section 22-A of the Registration Act, 1908. It directs registering officers to refuse registration of specified documents involving immovable property.
The original commencement provision allowed the State Government to appoint a commencement date by notification. The Registration (Tamil Nadu Amendment) Amendment Act, 2012, Act Number 28 of 2012, which came into force at once, added that different dates could be appointed for different provisions.
Documents that must be refused
The Registration (Tamil Nadu Amendment) Act, 2008 requires refusal of documents transferring immovable property by sale, gift, mortgage, exchange or lease where the property belongs to:
- The State Government, a local authority or the Chennai Metropolitan Development Authority.
- A religious institution covered by the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.
- The Tamil Nadu State Bhoodan Yagna Board.
- Wakfs under the superintendence of the Tamil Nadu Wakf Board.
Registration may proceed where the required sanction from the competent authority is produced. If the relevant law provides no competent authority, sanction must come from an authority authorised by the State Government.
A registering officer must also refuse:
- A transfer of ownership of land converted into house sites without development permission from the relevant planning authority. An exception applies if the same house site was previously registered as a house site.
- Cancellation of a sale deed without the consent of the person claiming rights under that sale deed.
Other registration changes in the compilation
The supplied compilation also contains later Tamil Nadu registration amendments. Act Number 36 of 2009 requires State Government orders effecting or raising an ad-interim attachment under the Tamil Nadu Protection of Interest of Depositors (in Financial Establishments) Act, 1997 to be sent to the relevant registering officer for filing or scanning.
Act Number 29 of 2012 covers registration of specified construction agreements, agreements for sale of immovable property valued at one hundred rupees or more, powers of attorney concerning immovable property, and agreements relating to deposit of title deeds. For a property power of attorney, photographs and fingerprints of the principal, agent and identifying witnesses must be affixed, and the agent must sign.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can I register a house site formed without planning permission?
The registering officer must refuse a transfer of ownership if the land was converted into house sites without development permission. Registration is allowed if the same house site was previously registered as a house site.
Can a seller cancel my registered sale deed without my consent?
The Registration (Tamil Nadu Amendment) Act, 2008 requires the registering officer to refuse a document cancelling a sale deed without the consent of the person claiming under that sale deed.
Can government or religious institution property be transferred and registered?
Registration must be refused unless the required sanction from the competent authority is produced. Where the relevant law provides no competent authority, sanction must come from an authority authorised by the State Government.
What is required to register a power of attorney concerning immovable property?
The document must carry passport-size photographs and fingerprints of the principal, agent and identifying witnesses. The agent must also sign the document.
