Circular on Reasons for Keeping Registration Documents Pending
The Tamil Nadu Registration Department Head issued an unnumbered circular dated 28 October 2016 directing registration officers to record why a document is kept pending and to provide clear information about its return on the receipt or through a notice. The guidance follows a Tamil Nadu Information Commission order and reinforces Registration Department Head Circular No. 18223/C1/2013-1 dated 8 November 2013.
What the circular governs
The Tamil Nadu Registration Department Head's circular dated 28 October 2016 concerns documents presented for registration that cannot be returned immediately. It aims to make the process transparent by requiring registration offices to explain why a document is pending and to provide information about when it can be returned.
The circular refers to Tamil Nadu Information Commission Case No. SA.5981/மா.த.த.ஆ/2016, dated 7 September 2016. The Commission stated that giving the reason for withholding registration on the date of registration would support transparency.
Instructions to registration officers
The circular reinforces Registration Department Head Circular No. 18223/C1/2013-1 dated 8 November 2013 and the receipt procedures reproduced from Registration Rule 101. Registration officers are instructed to:
- Write at the bottom of the receipt the reason why the document is being kept pending.
- Record on the receipt the day and hour when a document that is ready for transcription will be ready for return.
- Issue a separate notice to the presenter or the presenter's nominee when a document retained for an inquiry or reference becomes ready for transcription.
- If the document cannot be returned on the date already entered, cancel that entry when the receipt or notice is produced and enter the probable later date.
- Place the registering officer's initials against the revised date.
- Make corresponding entries and corrections in the counterfoil.
- Follow the earlier instructions intended to avoid unnecessary pending documents and to ensure action is taken on documents that remain pending.
Who may be affected
The circular is relevant to anyone who presents a property document for registration and receives a receipt from a Sub-Registrar Office. If the document is not returned as expected, the receipt should state the reason for the delay and the applicable return information required by the circular.
The instructions apply to all Deputy Heads of the Registration Department, District Registrars and Sub-Registrars. Deputy Heads and District Registrars must check compliance during inspections of Sub-Registrar Offices and give appropriate instructions where needed.
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Common questions
Should my receipt explain why my property document is pending?
Yes. The Tamil Nadu Registration Department Head's circular dated 28 October 2016 instructs registration officers to write the reason for keeping the document pending at the bottom of the receipt.
What happens if my document is not ready on the return date shown?
If the receipt or notice is produced, the existing date must be cancelled and the probable later date must be entered under the registering officer's initials. The corresponding counterfoil must also be corrected.
How will I know when a document held for an inquiry or reference is ready?
A separate notice must be issued to the presenter or the presenter's nominee on the day the document becomes ready for transcription, subject to the receipt procedure stated in the circular.
Who checks whether Sub-Registrar Offices follow these instructions?
Deputy Heads of the Registration Department and District Registrars are instructed to monitor compliance during inspections of Sub-Registrar Offices and provide appropriate guidance.