Circular No.37248/ C1/ 2021, dated 29-06-2022
Office of the Inspector General of Registration, Chennai, Circular No.37248/ C1/ 2021, dated 29-06-2022, gives instructions to Sub Registrars and District Registrars on how Section 28 of the Registration Act, 1908 must be applied when a document covers land in more than one Sub Registrar area. It aims to stop fraudulent registrations where a small or unrelated property is added only to shift registration to another office, and it says such multi property deeds must not be accepted if the owners or sellers of those properties are different.
What this circular does
Office of the Inspector General of Registration, Chennai, Circular No.37248/ C1/ 2021, dated 29-06-2022, was issued to curb fraudulent land registrations under Section 28 of the Registration Act, 1908. It was prompted by reported registrations involving property belonging to Arulmigu Meenakshi Sundareshwarar Temple in Madurai, where temple land in one Sub Registrar area was combined with a smaller property in another area and registered in the other office without checking whether the temple land belonged to Government, Hindu Religious and Charitable Endowments, or Waqf authorities.
What rule it applies
The circular explains that Section 28 allows registration in a Sub Registrar office where the whole or some portion of the property is situated in the State of Tamil Nadu. But the circular says this is meant for cases where the same owner or owners have more than one property in different Sub Registrar areas and choose one of those offices for registration.
It says the provision does not apply where the properties in the same document belong to different owners or sellers.
Who it affects
This guidance mainly affects:
- buyers and sellers using one deed for properties in different Sub Registrar areas
- Sub Registrars who receive such documents
- District Registrars and Deputy Inspector General of Registration officers who must review compliance
- owners of temple, Government, Hindu Religious and Charitable Endowments, or Waqf related land that could be targeted by false claims
Key instructions
- No registering officer shall accept a deed containing more than one property in different Sub Registrar jurisdictions if the owners or sellers of those properties are different.
- This restriction does not apply to deposit of title deed or mortgage in favour of banks or non banking financial institutions, exchange deeds, power of attorney documents, and partition deeds.
- Even for those exceptions, the document must be kept pending and a Status Report must be obtained regarding the other property from the other Sub Registrar office through the respective Deputy Inspector General of Registration.
- Registration can proceed only if the Status Report shows no legal impediment, and with the concurrence of the respective Deputy Inspector General of Registration.
- District Registrar (Admin) and District Registrar (Audit) must check whether this procedure was followed and report any deviation or mala fide act to the concerned Deputy Inspector General of Registration and Inspector General of Registration.
Why this matters to property owners and buyers
The circular cites court observations that adding a fictitious, very small, or unintended property only to register a deed in a convenient office is a fraud on registration law. The circular treats such conduct as a way to create bogus sale deeds and says it can seriously harm the real owner, who may then be forced to go to Civil Court.
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 one sale deed cover properties in two different Sub Registrar areas?
Office of the Inspector General of Registration, Chennai, Circular No.37248/ C1/ 2021, dated 29-06-2022, says a registering officer must not accept such a deed if the owners or sellers of those properties are different. The circular says Section 28 is meant for cases where the same owner or owners hold properties in different Sub Registrar areas.
What if the document is a mortgage, deposit of title deeds, exchange, power of attorney, or partition deed?
The circular says this owner based restriction does not apply to deposit of title deed or mortgage in favour of banks or non banking financial institutions, exchange deeds, power of attorney documents, and partition deeds. But those documents must be kept pending until a Status Report is obtained from the other Sub Registrar office, through the respective Deputy Inspector General of Registration, and registration can proceed only if there is no legal impediment.
Why was this circular issued?
The circular was issued after reports of temple property belonging to Arulmigu Meenakshi Sundareshwarar Temple in Madurai being combined with smaller properties in other Sub Registrar areas and registered there without checking ownership status with the concerned office. The circular says such practices can be used to register bogus sale deeds and amount to fraud.
Does the circular say anything about fake or very small properties being added just to choose a different registration office?
Yes. The circular refers to court observations saying that including a fictitious or very small item of property, which was not really intended to be sold or bought, in order to register in another office is a fraudulent evasion of registration law. It says such acts can make the registration invalid and severely affect the real owner.
