Circular Na.Ka.No. 39708/C1/2018, Objection Petitions for Document Registration
The Head of the Tamil Nadu Registration Department issued Circular Na.Ka.No. 39708/C1/2018 on 4 October 2018, directing registration officers to accept objection petitions only when supported by specified evidence of ownership. Registration officers must return unsupported petitions immediately and must not use them to refuse an otherwise compliant document submitted by an eligible person.
What the circular governs
Circular Na.Ka.No. 39708/C1/2018 of the Tamil Nadu Registration Department sets out how registration officers must handle petitions seeking to stop the registration of documents concerning property. It responds to complaints that unsupported petitions were being accepted and documents presented by genuine property owners were being refused.
The circular was issued using the powers under Section 69(1)(i) of the Registration Act, 1908. It applies to registration officers, District Registrars and Deputy Heads of the Registration Department.
Evidence required with an objection petition
Circular Na.Ka.No. 39708/C1/2018 permits an objection petition to be accepted only with appropriate supporting evidence. The petitioner must provide one of the following:
- A copy of the document through which the petitioner purchased or obtained the property. The original must be produced to the registration officer for verification.
- A copy of the patta in the petitioner's name. The registration officer must verify it against Tamil Nilam data.
If the document or patta is in another person's name, the petitioner must also explain and document how the property passed from that person to the petitioner. The circular gives death certificates and legal heir certificates as examples.
An objection based on an unregistered sale agreement, or a copy of one, must not be accepted as proof that the petitioner acquired rights. The circular notes that registration of sale agreements has been compulsory from 1 December 2012.
Registration officer's duties
Circular Na.Ka.No. 39708/C1/2018 requires an unsupported objection petition to be returned immediately, with a direction to submit it with proper evidence. If an eligible person later presents a document relating to that property, and the document complies with the Registration Act, 1908, government orders and Registration Department instructions, registration must proceed according to the applicable rules.
Where an objection petitioner has clearly produced ownership evidence and another person presents a document, the Sub-Registrar must hear both parties and promptly record the outcome. The process must be short and must not be used to cause delay or allow one party to harass another.
If a court has restrained a registration officer from registering documents concerning a property, no document may be accepted. If the presenter insists, the document must be returned with the court order noted in the check slip.
A registration officer who refuses a proper document merely because of an unsupported objection petition may face serious disciplinary action under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
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 someone stop my property document registration by filing a petition without evidence?
No. Circular Na.Ka.No. 39708/C1/2018 requires an unsupported objection petition to be returned immediately, and it must not be used to refuse an otherwise compliant document.
What proof must accompany an objection petition?
The petitioner must provide a copy of the document through which the property was obtained, with the original for verification, or a patta copy that can be checked against Tamil Nilam data. If either is in another person's name, evidence showing how the property passed to the petitioner must also be provided.
Can an unregistered sale agreement support an objection petition?
No. The circular says an objection petition claiming rights through an unregistered sale agreement, or a copy of one, must not be accepted.
What happens if a court has prohibited registration of documents for the property?
The registration officer must not accept a document when the officer has been made a party to the case and the court has restrained registration. If the presenter insists, the document must be returned with the court order noted in the check slip.
