Circular No.21090/C1/2022, Additional Instructions under Section 28 of the Registration Act, 1908
The Inspector General of Registration, Chennai, issued Circular No.21090/C1/2022 dated 29 June 2022 to prevent fraudulent use of Section 28 of the Registration Act, 1908 when a deed includes properties in different Sub-Registrar jurisdictions. The circular supplements Circular No.37248/C1/2021 dated 29 June 2022 and directs registering officers to reject artificially created jurisdiction or obtain a status report where properties are nearly equal.
What the circular governs
Circular No.21090/C1/2022 dated 29 June 2022, issued by the Inspector General of Registration, Chennai, concerns deeds containing land in more than one Sub-Registrar jurisdiction. Section 28 of the Registration Act, 1908 can allow such a deed to be presented in one of the relevant Sub-Registrar Offices. The Registration Department reported that people and registering officers had misused this provision to register fraudulent documents.
The instructions apply even where all the properties in different jurisdictions belong to the same owner. They supplement Circular No.37248/C1/2021 dated 29 June 2022, which addressed cases where the property owners were different.
When a deed must be returned
Circular No.21090/C1/2022 requires a registering officer to return a deed through a Check Slip in either of these situations:
- A very small or insignificant property has been added to a deed to create jurisdiction artificially in a particular Sub-Registrar Office. A property is treated as insignificant when its extent or value is below one fifth of the other substantial properties.
- A property was purchased in the seller's name within 90 days before presentation of the deed and was added to create artificial jurisdiction in the chosen Sub-Registrar Office.
In both situations, the person presenting the deed must be advised to submit it to the Sub-Registrar Office whose jurisdiction contains the substantial portion of the property.
Properties of nearly equal extent and value
Circular No.21090/C1/2022 sets a separate process where a deed contains two properties belonging to the same owner, located in different Sub-Registrar jurisdictions, and the properties are almost equal in extent and value.
- The receiving Sub-Registrar Office must keep the document pending.
- A Status Report must be obtained from the other Sub-Registrar Office through the respective Deputy Inspector General of Registration.
- The report must address whether any legal impediment prevents registration of the other property.
- Registration may proceed only if the Status Report finds no legal impediment and the respective Deputy Inspector General of Registration concurs.
Checks and responsibility
Circular No.21090/C1/2022 directs District Registrars responsible for administration and audit to examine these registrations thoroughly. Any deviation or suspected bad faith must be reported 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 jurisdictions.
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 includes properties in different jurisdictions?
Not where a small property has been added merely to create jurisdiction. The deed must be returned with a Check Slip and presented at the Sub-Registrar Office where the substantial portion of the property lies.
What counts as an insignificant property under Circular No.21090/C1/2022?
A property is considered insignificant where its extent or value is below one fifth of the other substantial properties included in the deed.
What happens if the two properties are nearly equal in extent and value?
The document must be kept pending while a Status Report is obtained from the other Sub-Registrar Office. It may be registered if no legal impediment is reported and the respective Deputy Inspector General of Registration concurs.
Does a recently purchased property affect where my deed can be registered?
Yes. If a property bought in the seller's name within 90 days before presentation was added to create artificial jurisdiction, the deed must be returned and directed to the Sub-Registrar Office where the substantial property lies.
