Circular No. 39708/C1/2018, Objections to Document Registration and Protest Petitions, 4 October 2018
The Head of the Registration Department issued Circular No. 39708/C1/2018 dated 4 October 2018 to instruct registration officers on handling protest petitions that seek to prevent registration of property documents. Registration officers must accept only petitions supported by specified ownership evidence, promptly return unsupported petitions, and must not use an unsupported petition to refuse an otherwise compliant document.
What the circular governs
Circular No. 39708/C1/2018 dated 4 October 2018 governs protest petitions submitted to registration offices to object to the registration of documents relating to property. The Head of the Registration Department issued the instructions after receiving many complaints that unsupported petitions were being accepted and documents presented by genuine property owners were being refused.
Who is affected
The Registration Department instructions affect anyone submitting a protest petition, anyone presenting a property document for registration, and registration officers who decide whether to accept or refuse documents.
A person seeking to block registration must provide evidence showing an interest in the property. A person presenting a compliant document should not be denied registration merely because another person filed an unsupported protest petition.
Evidence required with a protest petition
Registration officers may accept a protest petition only when it includes appropriate supporting evidence:
- A copy of the document under which the petitioner purchased or acquired the property. The original must be produced for verification.
- If the document is in another person’s name, records explaining how the petitioner acquired rights from that person, such as a death certificate or legal heir certificate.
- Alternatively, a copy of the patta in the petitioner’s name. The registration officer must compare it with the Tamil Nilam data.
- If the patta is in another person’s name, records explaining how the petitioner acquired rights from that person.
Protest petitions based on an unregistered sale agreement must not be accepted. The circular states that registration of sale agreements became compulsory from 1 December 2012.
Action by registration officers
Circular No. 39708/C1/2018 requires registration officers to:
- Return an unsupported protest petition immediately and ask the petitioner to resubmit it with proper evidence.
- Register a document presented by an eligible person when it complies with the Registration Act, 1908, government orders, and Registration Department circulars and orders.
- Conduct a quick and limited enquiry where a supported protest petition already exists, hearing both sides before deciding whether registration can proceed.
- Avoid using an enquiry to delay registration or allowing protest petitions to become a tool for personal retaliation.
A registration officer who refuses a compliant document solely because of an unsupported petition may face serious disciplinary action under the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The circular was issued using the authority under section 69(1)(i) of the Registration Act, 1908.
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 any protest petition stop my property document from being registered?
No. A protest petition without the required ownership evidence must be returned, and an otherwise compliant document presented by an eligible person must be processed under the applicable registration requirements.
What documents should I attach to a protest petition?
You should attach either the document showing how you acquired the property or a patta in your name. If the relevant document or patta is in another person’s name, you must also provide records showing how the property rights passed to you, such as a death certificate or legal heir certificate.
Can I file a protest petition based on an unregistered sale agreement?
No. Circular No. 39708/C1/2018 states that protest petitions based on an unregistered sale agreement must not be accepted because registration of sale agreements became compulsory from 1 December 2012.
What happens if a court has restrained the registration officer from registering documents for the property?
No document may be accepted where the registration officer is a defendant or respondent and the court has restrained registration. If the person presenting the document insists, the document must be returned with the court order noted in the check slip.
