Circular No.22482/C1/2022
The Office of the Inspector General of Registration, Chennai, issued Circular No.22482/C1/2022 dated 02.02.2023 to implement Rule 55A of the Registration Rules, 1949 and to set out when registering officers may relax the requirement to produce previous original title deeds for registration of immovable property documents. It keeps earlier relaxations in force and adds new ones for cases such as title deeds deposited with banks, certain promoter sales, government and statutory body documents, court custody, some heir and co-owner disputes, wills, and cancellation of powers of attorney.
What this circular does
The Office of the Inspector General of Registration, Chennai, issued Circular No.22482/C1/2022 dated 02.02.2023 after Rule 55A was added to the Registration Rules, 1949 through G.O.Ms.No.129, Commercial Taxes and Registration (J2) Department, dated 05.09.2022. Rule 55A allows registering officers to refuse registration of an immovable property document unless the presenter produces the previous original deed through which the executant got rights over the property, along with an Encumbrance Certificate.
The circular explains when that original deed need not be produced. It says the earlier relaxations given in past circulars are extended again, and further relaxations are also issued under Rule 55A.
Who it affects
This circular matters to:
- property owners and buyers presenting documents for registration
- promoters registering plots or flats
- legal heirs and co-owners who do not have the original deed
- people whose title deeds are with banks or courts
- principals and power agents dealing with powers of attorney
- government departments, local bodies, government undertakings, HR&CE and Wakf Board
- registering officers, District Registrars and Deputy Inspectors General of Registration
Main relaxations allowed
Production of the previous original deed can be dispensed with in these cases:
- original documents are deposited with nationalized banks, private banks, housing financial institutions, non-banking financial institutions, public sector undertakings or government related agencies, if they issue a certificate that the originals were deposited, or were deposited but misplaced or lost by them
- for promoter sales of plots or flats, the original is needed only for the first transaction if later documents are executed by the same person. This does not apply to later purchasers, who must produce originals standing in their own name
- instruments executed by government departments, local bodies and government undertakings such as Tamil Nadu Housing Board, Tamil Nadu Urban Habitat Development Board, Chennai Metropolitan Development Authority, Tamil Nadu Police Housing Corporation Board, SIDCO, TIDCO, ELCOT and CMRL
- partition, settlement, exchange, release and will deeds registered without duplicate, in the situations described for co-owners or coparceners
- where most of a property was already conveyed and the original was to be handed to that purchaser, the executant may be exempt for documents relating to the remaining portion
- cancellation of power of attorney
- registration of will
- documents presented online for registration
- further deposit of title deeds to the same bank for enhancement, modification or additional facilities to an existing loan
- originals handed over to a court, if the authority issues a certificate
- instruments executed by or claimed by HR&CE and Wakf Board
Special procedure for missing originals among heirs or co-owners
If a father or mother bought property and died intestate, and legal heirs say one heir is holding back the original deed, an enquiry must be conducted by an officer not below the rank of District Registrar. Registration may then be permitted on sworn affidavits from the presenter and others who attend the enquiry. The same procedure applies to co-owned property, some cases involving registered sale agreements after the due limitation period, and claims by beneficiaries under a registered will.
Instructions to registration staff
Registering officers are directed to follow these instructions strictly. District Registrars and Deputy Inspectors General of Registration must supervise compliance. In other cases where the original deed is verified, the registering authority must certify on the first page by writing "Verified", and District Registrar (Audit) must check this during audit.
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
If my original title deed is with a bank, can my document still be registered?
Yes, in the cases listed in the circular, production of the original can be dispensed with if the bank or institution issues a certificate that the original documents were deposited with it, or were deposited but misplaced or lost by it.
Do promoters have to produce the original deed for every flat or plot sale?
No. For plots or flats executed by promoters, the circular says the original documents need be insisted on only for the first transaction, if the later documents are executed by the same person. This exemption does not apply to subsequent purchasers, who must produce original documents standing in their own name.
What if one legal heir is refusing to hand over the original deed after a parent dies intestate?
The circular provides for an enquiry by an officer not below the rank of District Registrar, with all legal heirs called. Registration may be permitted on sworn affidavits from the presenter and those who attend the enquiry, even if some heirs do not attend or refuse to disclose who has the original.
Is the original deed required for cancelling a power of attorney or registering a will?
No. The circular specifically lists cancellation of power of attorney and registration of will among the cases where production of original documents can be dispensed with.
