Registration (Tamil Nadu Amendment) Act, 2021

Scope and commencement

The Registration (Tamil Nadu Amendment) Act, 2021 extends to the whole of Tamil Nadu. It comes into force on a date appointed by the State Government through a notification. The Gazette text does not provide that commencement date.

The amendment changes the Registration Act, 1908 as it applies in Tamil Nadu. It was published for general information after receiving the President's assent on 7 May 2022.

Electronic presentation and registration

The Registration (Tamil Nadu Amendment) Act, 2021 allows the State Government to specify, by notification, which documents may be presented for registration through electronic means. It does not state that every type of document can automatically be submitted electronically.

Where a document is presented electronically, rules may prescribe the process for:

• Presentation of the document.
• Appearance for admission of registration.
• Endorsements.
• Fixing signatures and seals.
• Payment of registration fees and other fees.
• Other parts of the electronic registration process.

The amendment also gives rule-making authority to regulate these matters. No fee amounts or detailed electronic procedures are provided in the Gazette text.

Photographs and fingerprints

The Registration (Tamil Nadu Amendment) Act, 2021 requires every person presenting a document at the proper registration office to affix a passport size photograph and fingerprints to the document.

For a document transferring ownership of immovable property, the following must also be affixed:

• The passport size photograph of each buyer and seller named in the document.
• The fingerprints of each buyer and seller named in the document.

This requirement directly affects buyers, sellers and anyone who presents a property transfer document for registration.

Effect on property transactions

The Registration (Tamil Nadu Amendment) Act, 2021 creates a legal framework for electronic registration while retaining identity requirements for documents presented at registration offices. Property buyers and sellers should expect their photographs and fingerprints to form part of a document transferring ownership.

Electronic presentation depends on further State Government action. The relevant document type must be specified by notification, the applicable procedure must be prescribed by rules, and the amendment itself must be brought into force through a notified commencement date.