Circular No. 36928/C3/2021, Tamil Nadu Waqf Board NOC for property registration
The Head of the Tamil Nadu Registration Department issued Circular No. 36928/C3/2021 dated 8 October 2021, directing registration officers to refuse documents concerning Tamil Nadu Waqf Board properties unless approval comes through the prescribed authority. Only a non objection certificate issued by the Chief Executive Officer of the Tamil Nadu Waqf Board through the proper administrative process may be considered, and its authenticity must be verified before registration. The procedure took effect immediately.
What the circular governs
Circular No. 36928/C3/2021 dated 8 October 2021, issued by the Head of the Tamil Nadu Registration Department, governs the registration of documents involving properties belonging to Waqf institutions under the Tamil Nadu Waqf Board. It covers sale, gift, exchange, mortgage, lease and other documents that transfer or create rights in Waqf property.
The circular records that Tamil Nadu has 7,452 Waqf institutions and 53,834 Waqf properties. It also notes that, for some Waqf properties, the patta may stand in an individual’s name while possession remains with the Waqf institution.
Documents that must be refused
The Tamil Nadu Registration Department directs registration officers to refuse every type of document concerning Waqf property when approval from the competent authority has not been provided. The direction relies on the Waqf Act, 1995 and the Registration Act, 1908, as identified in the circular.
Key requirements are:
- A transfer or creation of rights in Waqf property through sale, gift, exchange, mortgage or other forms is described as invalid and legally unsustainable without the required authority.
- The Tamil Nadu Waqf Board alone has authority to decide whether property treated as Waqf property belongs to a Waqf.
- Waqf property is described as public property belonging to the Waqf Board, not private property.
- Registration officers must not accept an unauthorised non objection certificate from Waqf Board staff or officers.
Valid non objection certificate process
The Tamil Nadu Registration Department specifically states that a non objection certificate from a Waqf Inspector, Waqf Superintendent or another Waqf Board employee or officer is not sufficient. A document presented with such a certificate must be refused registration.
A document may be accepted only when accompanied by a non objection certificate issued by the Chief Executive Officer of the Tamil Nadu Waqf Board through the proper administrative process. The registration office must keep the document pending, verify the certificate’s authenticity with the appropriate administration and, where necessary, obtain written clarification before registering it.
Who is affected
Circular No. 36928/C3/2021 directly affects people presenting sale, gift, mortgage, exchange, lease or other rights documents involving Waqf property, as well as registration officers handling those documents. All registration officers were instructed to follow the procedure without omission, with immediate effect.
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
Is an NOC from a Waqf Inspector enough to register a Waqf property document?
No. A non objection certificate from a Waqf Inspector, Waqf Superintendent or another Waqf Board employee or officer must not be accepted for registration.
Who must issue the NOC for a Waqf property document?
The non objection certificate must be issued by the Chief Executive Officer of the Tamil Nadu Waqf Board through the proper administrative process.
Will a document be registered immediately when the Chief Executive Officer’s NOC is attached?
No. The registration office must accept and keep the document pending, verify the certificate’s authenticity and obtain written clarification if needed before registration.
Does a patta in an individual’s name prove that a property is not Waqf property?
Not necessarily. The circular records that some Waqf properties have pattas in individual names while possession remains with Waqf institutions, and states that the Tamil Nadu Waqf Board decides whether a property treated as Waqf property belongs to a Waqf.
