Registration (Tamil Nadu Amendment) Act, 2008
The Registration (Tamil Nadu Amendment) Act, 2008, enacted by the Tamil Nadu Legislative Assembly and published by the Government of Tamil Nadu, Law Department, in Tamil Nadu Government Gazette Extraordinary No. 34 on 5 February 2009, amends the Registration Act, 1908, by substituting section 22-A for Tamil Nadu. It requires registering officers to refuse specified property documents involving protected land, unapproved house sites and cancellation of sale deeds without the beneficiary's consent, and it comes into force only on a date appointed by State Government notification.
What the Act changes
The Registration (Tamil Nadu Amendment) Act, 2008 received the President's assent on 29 January 2009 and was published for general information on 5 February 2009. It extends across Tamil Nadu and substitutes section 22-A of the Registration Act, 1908.
The Registration (Tamil Nadu Amendment) Act, 2008 does not state its commencement date. It provides that it will come into force on a date appointed by the State Government through a notification.
Documents that must be refused
Under the substituted section 22-A, a registering officer must refuse documents transferring immovable property by sale, gift, mortgage, exchange or lease when the property belongs to:
- The State Government.
- A local authority.
- The Chennai Metropolitan Development Authority.
- A religious institution covered by the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, including property given or endowed for its purposes.
- The Tamil Nadu State Bhoodan Yagna Board, where the property was donated for Bhoodan Yagna and vested in that Board.
- Wakfs under the superintendence of the Tamil Nadu Wakf Board.
Registration may proceed when the required sanction from the competent authority under the relevant law is produced. If no such authority exists, sanction must come from an authority authorised by the State Government.
Unapproved house sites
The substituted section 22-A requires refusal of an instrument transferring ownership of land converted into house sites without development permission from the relevant planning authority.
An exception applies if it is shown that the same house site was previously registered as a house site. The planning authority includes the authority constituted under the Tamil Nadu Town and Country Planning Act, 1971, and the Chennai Metropolitan Development Authority.
Cancellation of sale deeds
The substituted section 22-A requires refusal of an instrument cancelling a sale deed without the consent of the person claiming rights under that sale deed. This provision directly affects sellers, buyers and others seeking to register a unilateral cancellation.
Who should check the Act
Property buyers, owners, lenders and document professionals should confirm whether the land belongs to a listed public, religious, Bhoodan or Wakf body, whether house-site development permission exists, and whether all required consent or official sanction is available before presenting a document for registration.
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 government or local authority land be sold and registered?
A registering officer must refuse a sale or other listed transfer involving State Government or local authority property unless the required sanction from the competent or authorised authority is produced.
Can I register an unapproved house site?
A transfer of land converted into a house site without development permission must be refused. It may be registered if the same house site was previously registered as a house site.
Can a sale deed be cancelled without the buyer's consent?
The registering officer must refuse a cancellation document if the person claiming under the sale deed has not consented.
Did the Act take effect immediately on 5 February 2009?
The source does not provide a commencement date. It states that the Act will come into force on a date appointed by the State Government through notification.
