Circular, Letter No. 45633/U1/2022, dated 4 January 2023

What the circular governs

Circular Letter No. 45633/U1/2022 dated 4 January 2023, issued by the Inspector General of Registration, Tamil Nadu Registration Department, sets procedures for district registrars handling complaints under section 77(A) of the Registration Act, 1908. The guidance followed a High Court direction that district registrar level officers needed clearer instructions about their powers and responsibilities.

The circular concerns registered documents alleged to be fraudulent or prohibited. It does not authorise district registrars to decide disputes about ownership of the property.

Documents covered

District registrars must conduct an inquiry and issue an order for complaints involving documents prohibited under section 22(A), including documents relating to:

• Government land, Waqf Board land and Bhoodan land.
• Land of the Hindu Religious and Charitable Endowments Department or local bodies.
• CMDA land and DTCP land.
• Cancellation documents executed without the purchaser's consent.

Complaints under section 22(B) include:

• Registration through impersonation.
• Registration based on a fake patta, tax receipt, death certificate or legal heir certificate.
• A registration relying on an earlier fraudulent document.
• Registration contrary to a Central or State law.
• Registration of property attached under Central or State law, or by a court or tribunal.

Cancellation and registration records

When an inquiry confirms that a registered document violates section 22(A) or 22(B), the district registrar must cancel it under section 77(A). The district registrar must not direct the complainant to obtain cancellation through a civil court.

After cancellation, the district registrar must ensure that the cancellation details are entered as a note in Schedule II of the appropriate sub-registrar office and added to the scanned document image with the necessary link. The file may be closed only after these updates are confirmed.

Treatment of complaints

Applications received after 16 August 2022 must be handled only under section 77(A). If an application was received and an inquiry began before that date, and the document is found to be fraudulent, the district registrar must obtain a fresh application, conduct the prescribed inquiry and cancel the document.

District registrars must provide relief only for the types of complaints listed in the circular. They must not determine property ownership during the inquiry. Deputy Inspectors General of Registration must check whether district registrars follow the circular and report orders that conflict with it to the Inspector General of Registration.