Circular No.21090/C1/2022, Additional Instructions on Registration under Section 28
The Office of the Inspector General of Registration, Chennai, issued Circular No.21090/C1/2022 on 29 June 2022 to prevent misuse of Section 28 of the Registration Act, 1908. It directs registering officers how to handle deeds covering properties owned by the same person but located within different Sub-Registrar Office jurisdictions, particularly where a property appears to have been added to create an artificial place of registration.
What the circular governs
Circular No.21090/C1/2022, issued by the Office of the Inspector General of Registration, Chennai on 29 June 2022, concerns deeds containing land in more than one Sub-Registrar Office jurisdiction. Section 28 of the Registration Act, 1908 had reportedly been misused to register fraudulent documents by adding properties from different jurisdictions.
The instructions extend earlier action against misuse where properties had different owners. They apply even when all the properties in a multi-jurisdiction deed belong to the same owner.
Who may be affected
The circular may affect property owners, sellers and persons presenting a deed that includes more than one property located under different Sub-Registrar Offices. It also places duties on Sub-Registrars, District Registrars and Deputy Inspectors General of Registration.
A deed may be returned or kept pending if its property details suggest that jurisdiction has been created artificially. The location, extent, value and recent purchase history of the included properties are relevant.
Key instructions
- A registering officer must not accept a deed where a very small or insignificant property appears to have been added artificially to create jurisdiction. A property is treated as insignificant for this purpose when its extent or value is below one fifth of the substantial properties.
- The registering officer must return such a deed through a check slip and advise presentation before the Sub-Registrar Office where the substantial portion of the property lies.
- A deed must also be refused where a property purchased in the seller's name within the 90 days before presentation appears to have been included to create artificial jurisdiction. The registrant must be directed to the office where the substantial portion lies.
- If two properties in different jurisdictions are almost equal in extent and value, the document must be kept pending. A status report about any legal impediment affecting the other property must be obtained through the respective Deputy Inspector General of Registration.
- Registration may proceed if the status report shows no legal impediment and the respective Deputy Inspector General of Registration concurs.
Oversight and responsibility
District Registrars responsible for administration and audit must check whether these procedures were followed. They must report deviations or suspected bad faith to the concerned Deputy Inspector General of Registration and the Inspector General of Registration. The circular states that deviations will be viewed seriously and that the relevant District Registrars may also be held responsible for inappropriate registrations within their jurisdiction.
The authority stated for issuing Circular No.21090/C1/2022 is Section 69(1)(j) of the Registration Act, 1908.
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 deed at any Sub-Registrar Office if it contains properties in different jurisdictions?
Not if a small property appears to have been added merely to create jurisdiction. The deed must be presented at the Sub-Registrar Office where the substantial portion of the property lies.
What counts as an insignificant property under the circular?
A property is described as insignificant when its extent or value is below one fifth of the other substantial properties included in the deed.
What happens if two properties in different jurisdictions are almost equal in extent and value?
The document must be kept pending while a status report is obtained about legal impediments affecting the property in the other jurisdiction. Registration may proceed if there is no impediment and the respective Deputy Inspector General of Registration concurs.
Can a recently purchased property be included to choose a particular registration office?
A deed must not be accepted if a property purchased in the seller's name within the 90 days before presentation appears to have been added to create artificial jurisdiction. It must be returned with directions to use the office where the substantial portion lies.
