Circular No.22482/C1/2022, Implementation of Rule 55A
The Office of the Inspector General of Registration, Chennai, issued Circular No.22482/C1/2022 dated 2 February 2023, giving registering officers instructions on when the original previous deed need not be produced under Rule 55A of the Registration Rules, 1949. It reissues earlier relaxations and adds exemptions for specified transactions, institutions, government bodies and situations where another person holds the original deed.
Purpose
The Office of the Inspector General of Registration, Chennai, issued Circular No.22482/C1/2022 dated 2 February 2023 to implement relaxations under Rule 55A of the Registration Rules, 1949. Rule 55A allows a registering officer to refuse registration of an immovable property document unless the presenter produces the previous original deed through which the executant acquired rights, together with an Encumbrance Certificate and other required material.
The circular identifies cases where production of the previous original deed may be dispensed with. Its purpose is to address practical difficulties while continuing checks intended to prevent fraudulent registration.
Who is affected
Circular No.22482/C1/2022 affects people presenting immovable property documents for registration, including owners, legal heirs, co-owners, promoters, purchasers, principals and power agents. It also directs registering officers, District Registrars and Deputy Inspectors General of Registration on verification and supervision.
Key relaxations
Under Circular No.22482/C1/2022, the previous original deed need not be insisted upon in specified cases, including:
- Originals deposited with banks, housing finance institutions, non-banking financial institutions, public sector undertakings or government related agencies, if the institution certifies that the documents were deposited, misplaced or lost by it.
- Further deposit of title deeds with the same bank for enhancement, modification or additional facilities relating to an existing loan.
- Online registration documents.
- Originals handed to a court, supported by a certificate from the relevant authority.
- Instruments executed by, or involving property claimed by, government departments, local bodies, government undertakings, the HR&CE authorities or the Wakf Board.
- Cancellation of a power of attorney and registration of a Will.
- Promoter sales of plots or flats after the original documents have been checked for the first transaction, where the remaining documents are executed by the same person. Later purchasers must produce originals standing in their own names.
- Certain transactions involving shares held by co-owners or coparceners, particularly where the earlier instrument identifies who will hold the original.
Special procedures and verification
Circular No.22482/C1/2022 permits a District Registrar level inquiry where legal heirs say another heir holds and refuses to provide the original deed. Registration may be permitted after the concerned heirs are called and sworn affidavits are obtained from the presenter and those attending. The same procedure applies to specified disputes involving registered sale agreements and registered Wills.
For a power of attorney covering only part of a property, the power document may be treated as the original for documents executed by the power agent. In cases not exempted, the registering authority must mark the first page of the checked original as "Verified", with compliance reviewed during audit.
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Common questions
Can I register a property document if my original title deed is deposited with a bank?
Yes, production of the original may be dispensed with if the bank or other eligible institution certifies that the property documents were deposited with it, or were deposited but misplaced or lost by it.
Must a promoter produce the original parent deed for every plot or flat sale?
No. The original need only be insisted upon for the first transaction if the remaining plots or flats are conveyed by the same person. A later purchaser must produce the original document standing in that purchaser's name.
What happens if another legal heir refuses to hand over the original deed?
A petition may be made, followed by an inquiry conducted by an officer not below the rank of District Registrar. Registration may be permitted after the legal heirs are called and sworn affidavits are obtained from the presenter and those who attend.
Is the original title deed required to cancel a power of attorney?
No. Circular No.22482/C1/2022 exempts cancellation of a power of attorney from production of the original documents.
