Registration (Tamil Nadu Amendment) Act, 2012

What the Act changes

The Registration (Tamil Nadu Amendment) Act, 2012 amends the Registration Act, 1908 as it applies in Tamil Nadu. The Government of Tamil Nadu, Law Department, published the Act in Tamil Nadu Government Gazette Extraordinary Number 308, dated 2 November 2012.

The Act extends to the whole of Tamil Nadu. Its provisions come into force on a date appointed by the State Government through a separate notification.

Documents covered

The Registration (Tamil Nadu Amendment) Act, 2012 adds the following documents to the categories addressed by the compulsory registration provisions:

• Agreements relating to construction of a building of the type referred to in the specified entry of the Indian Stamp Act, 1899.
• Agreements for the sale of immovable property valued at one hundred rupees or more.
• Powers of attorney relating to immovable property, except those executed outside India.
• Documents recording an agreement relating to the deposit of title deeds.

The Act also removes the Explanation that previously appeared in the relevant provision of the Registration Act, 1908.

Requirements for a property power of attorney

The Registration (Tamil Nadu Amendment) Act, 2012 provides that a power of attorney relating to immovable property cannot be registered unless:

• Passport-size photographs and fingerprints of the principal are attached.
• Passport-size photographs and fingerprints of the agent are attached.
• Passport-size photographs and fingerprints of the identifying witnesses are attached.
• The agent has signed the document.

A property-related power of attorney may also be presented at the office of the Sub-Registrar within whose jurisdiction the principal ordinarily resides.

Sharing records between registration offices

The Registration (Tamil Nadu Amendment) Act, 2012 introduces a procedure where a Sub-Registrar registers a power of attorney, including its revocation or cancellation, concerning property outside that Sub-Registrar's area.

The registering Sub-Registrar must send a copy of the instrument, together with any relevant map or plan, to every Sub-Registrar whose area contains all or part of the property. Each receiving Sub-Registrar must file the copy in Book Number 1. If the property lies in several districts, the documents must be forwarded to the relevant Sub-Registrars, with information also given to the Registrar of every affected district.

Who may be affected

The changes are relevant to people entering building construction agreements, agreements to sell immovable property, arrangements involving deposit of title deeds, or powers of attorney concerning immovable property in Tamil Nadu. Agents, principals and identifying witnesses involved in registering a property power of attorney must also meet the photograph, fingerprint and signature requirements.