Act No. 41 of 2022, Registration (Tamil Nadu Second Amendment) Act, 2021

Scope and commencement

The Registration (Tamil Nadu Second Amendment) Act, 2021 applies throughout Tamil Nadu and came into force on 16 August 2022, the date of publication in the Tamil Nadu Government Gazette. Letter No. 24819/C1/2021 dated 14 September 2022 circulated the amendment to registration officials for information and compliance.

The amendment defines a forged document by reference to section 470 of the Indian Penal Code, 1860.

Documents that must be refused

The Registration (Tamil Nadu Second Amendment) Act, 2021 requires a registering officer to refuse registration of:

• A forged document.
• A document concerning a transaction prohibited by a Central or State Act in force.
• A document transferring immovable property by sale, gift, lease or otherwise, where the property 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 directly affect buyers, property owners, transferees and anyone presenting a property document for registration in Tamil Nadu.

Cancellation of an existing registration

The Registration (Tamil Nadu Second Amendment) Act, 2021 allows the Registrar to act independently or on a complaint from any person when the Registrar considers that a document was registered contrary to section 22-A or section 22-B.

Before cancellation, the Registrar must issue notice to:

• The executant and all parties to the document.
• Parties to any subsequent documents.
• Other persons whom the Registrar considers may be affected.

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 also exercise this cancellation power.

Appeals and penalties

A person affected by a Registrar's cancellation order may appeal to the Inspector General of Registration within thirty days from the date of cancellation. If the Inspector General of Registration made the original cancellation order, an appeal may be filed with the State Government within thirty days from the date of that order.

A registration officer or employee who registers a document contrary to section 22-A or section 22-B may face imprisonment for up to three years, a fine, or both. Registration carried out in good faith with due care, caution and responsibility, or because of a qualifying mistake of fact, is excluded. The amendment also sets out responsibility for offences committed by companies, firms and other associations.