Amendments to the Registration Rules under the Registration Act, 1908
The Commercial Taxes and Registration Department, in G.O. Ms. No.129, Commercial Taxes and Registration (J2), dated 5th September 2022, inserted Rule 55A into the Registration Rules under the Registration Act, 1908, and the amendment was published in Tamil Nadu Government Gazette Extraordinary No. 438 dated 5th September 2022. The amendment gives registering officers power to refuse registration of immovable property documents if the presenter does not produce the previous original deed and a recent Encumbrance Certificate, subject to the exceptions stated in the text.
What this document does
The letter No.22482 / C1 / 2021, dated 14th September 2022, circulates and asks for implementation of the amendment published by the Commercial Taxes and Registration Department in G.O. Ms. No.129, Commercial Taxes and Registration (J2), dated 5th September 2022. That government notification inserted Rule 55A into the Registration Rules under the Registration Act, 1908, and also added a refusal ground in Rule 162.
What must be produced for registration
For a document relating to immovable property, the presenter must produce:
- the previous original deed by which the executant acquired right over the property
- an Encumbrance Certificate for the property, obtained within ten days from the date of presentation
If these are not produced, the registering officer shall not register the document.
When registration can be refused
The text says the registering officer shall not register if:
- there is an encumbrance relating to mortgage
- there is an order attaching the property
- there is a sale agreement or lease agreement over the property
- the time limit for filing suit has not lapsed, where applicable
- a No Objection Certificate has not been granted by the appropriate authority, where applicable
- the attachment has not been raised, where applicable
- the presenter fails to produce the original deed or other record allowed under Rule 55A
Exceptions and alternative documents
The previous original deed is not necessary when:
- the Government is the executant
- a statutory body is the executant
- the document falls within a class notified by the Inspector General of Registration
If the property is ancestral and the previous original deed is not available, the registering officer shall not register unless the presenter produces revenue records showing the executant's right, such as:
- patta copy issued by the Revenue Department
- tax receipt
If the previous original deed is lost, registration can be done only if the presenter produces:
- a Non-Traceable Certificate issued by the Police Department
- an advertisement published in a local newspaper about the loss of the previous original deed
What the registering officer does with these records
If satisfied that the property description in the presented document matches the previous original deed, the registering officer must write "verified" on the first page of that title deed, sign and date it, and scan that page as a reference document. Revenue records are to be scanned as the main document. A Non-Traceable Certificate and newspaper advertisement are to be scanned as reference documents.
The text also says this verification and scanning do not amount to deciding the validity of the document and do not take away anyone's rights under Parts XIV and XV 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 a Sub Registrar refuse to register my property document if I do not bring the parent deed?
Yes. The amendment inserted by G.O. Ms. No.129, Commercial Taxes and Registration (J2), dated 5th September 2022, says the registering officer shall not register an immovable property document unless the presenter produces the previous original deed, subject to the stated exceptions.
Do I also need an Encumbrance Certificate when presenting a property document for registration?
Yes. The text requires an Encumbrance Certificate pertaining to the property, obtained within ten days from the date of presentation.
What if the property is ancestral and I do not have the previous original deed?
The text allows registration only if you produce revenue records showing the executant's right over the property, such as a patta copy issued by the Revenue Department or a tax receipt.
What if the previous original deed has been lost?
The text says registration can be done only on production of a Non-Traceable Certificate issued by the Police Department along with an advertisement published in a local newspaper giving notice of the loss.
