L.A. Bill No. 27 of 2021, Registration (Tamil Nadu Second Amendment) Act, 2021
The Government of Tamil Nadu, through the Minister for Commercial Taxes and Registration, published L.A. Bill No. 27 of 2021 on 2 September 2021 to further amend the Registration Act, 1908 in Tamil Nadu. The Bill proposes refusal of forged and legally prohibited documents, cancellation of certain registrations, appeal procedures and penalties for registration officials. The source records a Bill introduced in the Legislative Assembly, not its later enactment.
What the Bill covers
L.A. Bill No. 27 of 2021, published by the Government of Tamil Nadu through the Minister for Commercial Taxes and Registration on 2 September 2021, proposes amendments to the Registration Act, 1908 throughout Tamil Nadu. Its stated purpose is to address forged sale deeds and other fraudulent registrations that encumber properties and cause hardship to genuine landowners.
The Bill defines a forged document by reference to the meaning assigned in the Indian Penal Code, 1860. The source states that the proposed legislation would come into force at once, but it records only the Bill introduced in the Legislative Assembly.
Documents proposed for refusal
The proposed section 22-B requires a registering officer to refuse registration of:
- A forged document.
- A document concerning a transaction prohibited by a Central Act 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.
These provisions may affect buyers, owners and other parties presenting property documents for registration, particularly where the property is attached or the transaction is legally prohibited.
Cancellation and appeals
The proposed section 77-A allows the Registrar to act independently or on a complaint from any person where a document appears to have been registered contrary to section 22-A or proposed section 22-B. Before cancellation, notice must be given to the executant, document parties, parties to later documents and others who may be affected, allowing them to show cause.
After considering any reply, the Registrar may cancel the registration and record the cancellation in the relevant books and indexes. The Inspector General of Registration may exercise the same power.
An affected person may appeal a Registrar's cancellation order to the Inspector General of Registration within thirty days. An order made directly by the Inspector General of Registration may be appealed to the State Government within thirty days.
Penalties and companies
The proposed section 81-A provides imprisonment of up to three years, a fine, or both, for registration officials or employees who register documents contrary to sections 22-A or 22-B. Registration performed in good faith is excluded.
The proposed section 81-B addresses offences by companies, including firms and associations. Responsible persons may be proceeded against, subject to protections where they lacked knowledge or exercised due diligence.
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 forged property document be refused registration under the Bill?
Yes. L.A. Bill No. 27 of 2021 proposes that a registering officer must refuse to register a forged document.
Can an already registered document be cancelled under the proposed changes?
Yes. The Registrar or Inspector General of Registration may cancel a registration made contrary to section 22-A or proposed section 22-B, after notifying affected persons and considering their replies.
Can I appeal a cancellation order?
A person affected by a Registrar's order may appeal to the Inspector General of Registration within thirty days. If the Inspector General of Registration made the cancellation order directly, the appeal lies to the State Government within thirty days.
Does the Bill allow registration of property that has been attached?
No. It proposes refusal of documents transferring immovable property by sale, gift, lease or otherwise when the property is permanently or provisionally attached by a competent authority, court or tribunal.
