Circular No.37248/C1/2021, dated 29-06-2022
The Office of the Inspector General of Registration, Chennai, issued Circular No. 37248/C1/2021 on 29 June 2022, with copies to the Commercial Taxes and Registration Department. It directs registering officers not to accept a single deed covering properties in different Sub Registrar jurisdictions when the properties have different owners or sellers, subject to specified exceptions requiring a status report.
What the circular governs
Circular No. 37248/C1/2021, issued by the Office of the Inspector General of Registration, Chennai, on 29 June 2022, addresses misuse of the place of registration provisions in the Registration Act, 1908. Copies were also sent to officials in the Commercial Taxes and Registration Department.
The instructions arose from registrations involving property belonging to Arulmigu Meenakshi Sundareshwarar Temple in Madurai. The temple property was combined with smaller properties in other Sub Registrar jurisdictions and registered there without obtaining a report from the Sub Registrar responsible for the temple property.
Main registration restriction
The Office of the Inspector General of Registration instructs every registering officer that:
- A deed containing more than one property must not be accepted when the properties are in different Sub Registrar jurisdictions and their owners or sellers are different people.
- The provision allowing registration where the whole or part of a property is situated is intended for the same property owner or owners who hold properties in more than one Sub Registrar jurisdiction.
- The provision does not apply in the same way when the properties have different owners.
The circular relies on court observations that including a fictitious or very small property merely to register a document in another registration office can amount to fraudulent evasion of registration law. One cited decision states that the words “some portion of property” mean some substantial portion.
Documents treated as exceptions
The restriction based on different owners or sellers does not apply to:
- Deposit of title deed documents or mortgages in favour of banks or non banking financial institutions.
- Exchange deeds.
- Powers of attorney.
- Partition deeds.
The registering officer must keep such a document pending and obtain a status report about the property located in the other Sub Registrar jurisdiction. The report must address whether any legal impediment prevents registration and must be obtained through the respective Deputy Inspector General of Registration. Registration may proceed only when the report shows no legal impediment and the Deputy Inspector General of Registration concurs.
Oversight and consequences
District Registrars responsible for administration and audit must examine these registrations and report deviations or suspected bad faith to the relevant Deputy Inspector General of Registration and the Inspector General of Registration. Deviations will be viewed seriously, and the responsible District Registrars may also be held accountable for inappropriate registrations within their jurisdiction.
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 one sale deed cover properties in two different Sub Registrar jurisdictions?
Yes, but the circular states that the properties must have the same owner or owners. A registering officer must not accept the deed if the properties have different owners or sellers.
Does the restriction apply to a bank mortgage covering properties in different jurisdictions?
The restriction does not apply to a mortgage or deposit of title deed in favour of a bank or non banking financial institution. The document must be kept pending until a status report is obtained for the property in the other jurisdiction.
What must the status report confirm?
The status report must state whether there is any legal impediment to registering the property in the other Sub Registrar jurisdiction. Registration may proceed only if no impediment is reported and the respective Deputy Inspector General of Registration concurs.
Why were these instructions issued?
The instructions were issued after temple property in Madurai was combined with smaller properties in other jurisdictions and registered there without obtaining a report from the Sub Registrar responsible for the temple property. The circular aims to prevent bogus or fraudulent registrations using this method.
