சுற்றறிக்கை ந.க.எண். 36928/சி3/2021, நாள் 08.10.2021
The Tamil Nadu Registration Department, through the Head of the Registration Department, issued Circular ந.க.எண். 36928/சி3/2021 dated 8 October 2021 to prevent unauthorised registration of Tamil Nadu Waqf Board properties. Registration officers must refuse documents supported only by a no objection certificate from Waqf inspectors, superintendents or other unauthorised staff, and may process them only with a no objection certificate issued by the Chief Executive Officer of the Tamil Nadu Waqf Board through the proper administrative process.
What the circular governs
Circular ந.க.எண். 36928/சி3/2021 dated 8 October 2021 was issued by the Head of the Tamil Nadu Registration Department. It sets out the procedure for registering documents involving property belonging to, or considered to be connected with, the Tamil Nadu Waqf Board.
The circular says Tamil Nadu has 7,452 Waqf institutions with 53,834 Waqf properties. It also notes that some Waqf properties may have pattas in private individuals’ names even though possession remains with Waqf institutions.
Documents covered
The Tamil Nadu Registration Department’s instructions cover all types of documents concerning Waqf property. The circular specifically refers to:
- Sale documents.
- Gift documents.
- Mortgage documents.
- Exchange documents.
- Lease documents.
- Other documents creating or transferring rights in the property.
The circular states that registration is prohibited when approval from the proper authority has not been provided. It also states that transfers involving Waqf property through sale, gift, exchange, mortgage or other changes of ownership are not legally valid under the Waqf Act, 1995 provisions cited in the document.
Who can issue the required NOC
Circular ந.க.எண். 36928/சி3/2021 dated 8 October 2021 says a no objection certificate from a Waqf Inspector, Waqf Superintendent or any other unauthorised Tamil Nadu Waqf Board employee or officer is not sufficient. A registration officer must refuse to accept a document supported only by such a certificate.
A document may be accepted only when accompanied by a no objection certificate issued by the Chief Executive Officer of the Tamil Nadu Waqf Board through the proper administrative process. The registration office must then keep the document pending, verify the certificate with the relevant administration and, where necessary, obtain written clarification before registration.
Effect on property buyers and owners
A private patta alone does not establish that a property is outside Waqf ownership. The circular says only the Tamil Nadu Waqf Board has authority to decide whether property considered to be Waqf property belongs to the Waqf.
Registration officers must follow the procedure without exception. The circular states that the procedure takes effect immediately and warns that officers acting contrary to the earlier government order may face disciplinary action.
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 I register a sale deed for Waqf property using an NOC from a Waqf Inspector?
No. The registration officer must refuse a document supported only by an NOC from a Waqf Inspector, Waqf Superintendent or another unauthorised Waqf Board employee or officer.
Whose NOC is accepted for registration involving Tamil Nadu Waqf Board property?
The document must include an NOC issued by the Chief Executive Officer of the Tamil Nadu Waqf Board through the proper administrative process. The registration office must verify its authenticity before registering the document.
Does a patta in a private person’s name prove that the land is not Waqf property?
No. The circular records that some Waqf properties have pattas in private names while possession remains with Waqf institutions, and says the Tamil Nadu Waqf Board decides whether a property considered to be Waqf property belongs to the Waqf.
Will the registration office register the document immediately after receiving the Chief Executive Officer’s NOC?
Not automatically. The registration office must keep the document pending, verify the NOC with the relevant administration and obtain written clarification if needed before registration.
