Primary law, Tamil Nadu land law
The Births, Deaths and Marriages Registration Act, 1886
The Births, Deaths and Marriages Registration Act, 1886, Act No. 6 of 1886, dated 8 March 1886, is a central primary law brought into force through notification by the Central Government. It provides for voluntary registration of certain births and deaths, State Government registry offices, public access to indexes and certified copies that can be used as evidence, and the supplied text reflects later omissions, repeals and adaptations.
What the law covers
The Births, Deaths and Marriages Registration Act, 1886 establishes a system for registering certain births and deaths and keeping certified copies of specified birth, death and marriage registers. It also provides for the authentication and custody of certain older registers and allows copies of entries to be used as evidence.
The law states that it extends to the whole of India except the territories that were immediately before 1 November 1956 comprised in Part B States. It also preserves local laws providing for registration of births and deaths in particular local areas.
Registry offices and public records
The Births, Deaths and Marriages Registration Act, 1886 requires each State Government to establish a general registry office. A State Government may appoint a Registrar General of Births, Deaths and Marriages to manage that office.
Key provisions include:
- Certified copies of specified birth, death and marriage registers are kept at the general registry office.
- The Registrar General must prepare and maintain indexes in the prescribed form.
- Any person may inspect the indexes at reasonable times, subject to prescribed fees.
- Any person may apply for copies of entries covered by the indexes.
- A copy certified by the Registrar General, or by an officer authorised by the State Government, is admissible as evidence of the relevant birth, death or marriage.
Registration of births and deaths
The Births, Deaths and Marriages Registration Act, 1886 initially applies registration to the classes described in the law, including all persons professing the Christian religion. A State Government may extend the chapter to another class of persons generally or within a local area.
A State Government may appoint Registrars of Births and Deaths for defined local areas or classes of persons. Registrars are treated as public servants, must have an office, and may be required to publish their attendance days and hours.
A registrar must record a qualifying notice given within the prescribed time and manner. Notice of a birth may be given by a parent, a person present at the birth, a knowledgeable occupier of the house, an attending medical practitioner with personal knowledge, or a person caring for the child. A registrar may refuse a notice believed to be false until directed by the District Court.
Relevance to property matters
The Births, Deaths and Marriages Registration Act, 1886 does not regulate land ownership, sale, transfer or registration. Its records may nevertheless provide evidence of a birth, death or marriage where those facts need to be established.
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
Does the Births, Deaths and Marriages Registration Act, 1886 affect my land title?
The law does not regulate land ownership, sale or transfer. It deals with registration records and certified evidence of births, deaths and marriages.
Can anyone inspect the birth, death and marriage indexes?
Yes. Any person may inspect the indexes at reasonable times and apply for copies of entries, subject to the prescribed fees.
Can a certified registry entry be used as evidence?
Yes. A copy certified by the Registrar General of Births, Deaths and Marriages, or an officer authorised by the State Government, is admissible as evidence of the birth, death or marriage recorded.
Who may report a birth under the law?
The child's father or mother, a person present at the birth, a knowledgeable occupier of the house, an attending medical practitioner with personal knowledge, or a person caring for the child may give notice.
