Instructions on Registration of Waqf Board Properties

What the proceedings govern

Proceedings number Na.Ka.No. 42478/C1/2022 dated 20 December 2022, issued by the Inspector General of Registration, Registration Department, sets out the procedure for preventing fraudulent registration of Tamil Nadu Waqf Board properties. It follows a review meeting chaired by the Chief Secretary to Government on 29 November 2022.

The proceedings refer to the power of registration officers under Section 22A of the Registration Act, 1908, to refuse documents contrary to public policy, including documents relating to properties of religious institutions.

Registration procedure

Registration officers are instructed to follow these requirements:

• A document concerning a Tamil Nadu Waqf Board property, including a transfer of ownership, 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 document must be kept pending while the registration office verifies the authenticity of the no objection certificate with the appropriate authority.
• Written clarification may be obtained where necessary before registration is completed.
• Objection letters sent by the Tamil Nadu Waqf Board to Sub-Registrar Offices before 21 February 2022 must be taken into account.
• After 21 February 2022, registration officers must consider only Tamil Nadu Waqf Board objection letters sent through the office of the Inspector General of Registration. New objections should not be sent directly to Sub-Registrars.

Who may be affected

The procedure affects buyers, sellers and property owners where land records or survey numbers identify a property as belonging to the Tamil Nadu Waqf Board. The meeting minutes record that survey numbers were initially circulated without land extent, and that extent details were later supplied to reduce difficulties faced by the public when registering private property.

Updating and resolving records

The Chief Secretary directed that Tamil Nadu Waqf Board records should be updated and matched with current revenue records. Minor differences may be addressed through a survey and a decision at District Collector level based on joint reports from revenue authorities and Tamil Nadu Waqf Board officials. Major record differences may be referred to the Commissioner of Land Administration, the Director of Survey and Settlement, or the Government. Major legal differences or questions requiring legal interpretation may be referred to the State Government.