L.A. Bill No. 27 of 2021
The Government of Tamil Nadu, through the Minister for Commercial Taxes and Registration, introduced Legislative Assembly Bill Number 27 of 2021 on 2 September 2021 to amend the Registration Act, 1908 as it applies across Tamil Nadu. The Bill proposes refusal of forged and legally prohibited documents, cancellation of certain registrations, appeal rights and penalties for improper registration. The published document is a Bill and does not state that it had been enacted.
What the Bill covers
Legislative Assembly Bill Number 27 of 2021 was introduced by the Government of Tamil Nadu through the Minister for Commercial Taxes and Registration on 2 September 2021. It proposes amendments to the Registration Act, 1908 throughout Tamil Nadu and states that the proposed legislation would come into force at once.
The purpose is to address forged documents that encumber properties and cause hardship to genuine landowners. The Statement of Objects and Reasons explains that existing precautions had not stopped forged registrations and that registration authorities lacked power to cancel a document after registration, even where fraud or impersonation was alleged.
Documents proposed to be refused
Legislative Assembly Bill Number 27 of 2021 would require a registering officer to refuse registration of:
- A forged document, using the meaning assigned under the Indian Penal Code, 1860.
- A document concerning a transaction prohibited by a Central or State Act in force.
- A sale, gift, lease or other transfer of immovable property that has been permanently or provisionally attached by a competent authority, court or tribunal.
- Any other document specified by the State Government through notification.
Cancellation and appeals
Legislative Assembly Bill Number 27 of 2021 would allow the Registrar to examine a registration on the Registrar's own initiative or after receiving a complaint from any person. If the registration appears to contravene the specified provisions, notice must be given to the executant, all parties, parties to subsequent documents and others who may be affected.
After considering replies, the Registrar may cancel the registration and record the cancellation in the relevant books and indexes. The Inspector General of Registration would have the same cancellation power.
- A person affected by a Registrar's cancellation order may appeal to the Inspector General of Registration within thirty days from the cancellation date.
- An order made directly by the Inspector General of Registration may be appealed to the State Government within thirty days from the order date.
Penalties and company responsibility
Legislative Assembly Bill Number 27 of 2021 proposes imprisonment for up to three years, a fine, or both, for registration officers or registration office employees who register documents contrary to the specified provisions. Registration done in good faith is excluded.
Where a company commits an offence, the company and responsible persons may be proceeded against. A person may avoid liability by proving lack of knowledge or that due diligence was exercised.
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 a Registrar cancel a forged sale deed under this Bill?
The Bill proposes that a Registrar may cancel a registration that contravenes the specified provisions, either on receiving a complaint or on the Registrar's own initiative. Notice and an opportunity to respond must first be given to affected parties.
Can registration be refused if the property is under attachment?
Yes. The Bill proposes refusal of a sale, gift, lease or other transfer involving immovable property that is permanently or provisionally attached by a competent authority, court or tribunal.
How long would I have to appeal a cancellation?
An appeal against a Registrar's cancellation order may be made to the Inspector General of Registration within thirty days from the cancellation date. An order made directly by the Inspector General of Registration may be appealed to the State Government within thirty days.
Does the document confirm that these changes became law?
No. The source is Legislative Assembly Bill Number 27 of 2021, published after its introduction on 2 September 2021. It does not state that the Bill was enacted.
