The Tamil Nadu Document Writers' Licence Rules, 1982
The Government of Tamil Nadu, Commercial Taxes and Religious Endowments Department, issued G.O.MS.No.397 dated 12 April 1982, making the Tamil Nadu Document Writers' Licence Rules, 1982 with effect from 14 April 1982. The rules regulate who may prepare non-testamentary documents for registration across Tamil Nadu, and the supplied text includes inserted and omitted provisions showing that the rules have been amended.
Scope and purpose
The Tamil Nadu Document Writers' Licence Rules, 1982 apply throughout Tamil Nadu from 14 April 1982. They regulate the licensing of people who professionally investigate title, draft deeds and prepare documents on stamp paper or plain paper for registration.
The rules do not apply to advocates or pleaders practising before a court, or to documents written by them.
Effect on documents presented for registration
The Tamil Nadu Document Writers' Licence Rules, 1982 generally require every non-testamentary document that must be registered to be prepared by a licensed document writer.
Key requirements are:
- The document writer must attest the document with their full name and licence number.
- If a copy writer writes out a draft prepared by a document writer, both must attest it with their full names and licence numbers.
- A typewritten document must be attested by the document writer who prepared the draft.
- A registering officer must not accept a non-testamentary document that does not meet these requirements.
Exceptions include documents drafted by the person executing them using a model format hosted on the registration website. The rules also list documents executed by specified public authorities, governments, local authorities, banks, cooperative societies and certain other bodies. The Government may exempt additional classes of documents by notification in the Tamil Nadu Government Gazette.
Licensing and eligibility
The Tamil Nadu Document Writers' Licence Rules, 1982 place licensing responsibility with the Inspector General of Registration, an authorised Deputy Inspector General of Registration, or the relevant District Registrar, depending on the type of licence.
A person generally must pass the Document Writers' Licensing Test. The text also identifies other eligible categories, including members of the Institute of Chartered Accountants of India, certain retired Registration Department officials and holders of a Certificate in Document Writing issued by recognised universities in Tamil Nadu.
Applicants for the test must have completed 25 years of age. The stated qualifications include a recognised university degree and Tamil and English typewriting. The text contains a different qualification proviso for certain holders of licences under the Tamil Nadu Copy Writers' Licence Rules, 1971.
Test and disqualifications
The licensing test has two papers of three hours each. It covers registration procedure, specified property and registration laws, and document drafting. The admission fee is Rs. 200.
Disqualifications include minority, specified court or insolvency findings, conviction for an offence involving moral turpitude, previous licence cancellation that has not been quashed, specified employment, and certain connections with licensed stamp vendors. An unearned fee, other than the test admission fee, must be refunded by the District Registrar.
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Common questions
Can I prepare my own property document without using a licensed document writer?
Yes, if you are the person executing the document and draft it using the model format hosted on the registration website. That category is expressly excluded from the document writer requirement.
Can a Sub-Registrar refuse a document that is not attested by a licensed document writer?
Yes. A registering officer must not accept a non-testamentary document unless it complies with the preparation and attestation requirements in the rules, unless an exception applies.
Do these rules apply when an advocate prepares the document?
No. The rules do not apply to an advocate or pleader practising before a court, or to documents written by that advocate or pleader.
Who must sign when a copy writer writes out a document writer's draft?
Both the document writer and the copy writer must attest the document with their full names and licence numbers.
