Circular No. 25440/C1/2017, Filing and Scanning of Special Power of Attorney Copies, 2017

What the circular governs

Circular No. 25440/C1/2017 of the Tamil Nadu Registration Department sets out how a Special Power of Attorney submitted in support of a document registration must be preserved. The requirement applies whether the Special Power of Attorney is kept on file or returned after registration.

The circular follows an order of the Tamil Nadu Information Commission. The Commission observed that retaining and scanning a copy would help verify the authenticity of the Special Power of Attorney if questions arise later.

Who is affected

Circular No. 25440/C1/2017 directly affects:

• People presenting a document for registration through, or with the support of, a Special Power of Attorney.
• Registration officers handling the document.
• Sub-Registrars and District Registrars.
• Assistant Inspectors General and Deputy Inspectors General responsible for inspections and supervision.
• District Registrars responsible for audit inspections.

Property buyers, sellers and owners using a Special Power of Attorney should be prepared to provide a copy for attachment and scanning with the main document.

Key requirements

Circular No. 25440/C1/2017 requires the following procedure from 25 September 2017:

• When a Special Power of Attorney is submitted with a document, a photocopy must also be filed with the main document.
• The copy must be attached in the same way as other supporting records.
• The Special Power of Attorney copy must be scanned as part of the registered document.
• The requirement applies whether the original Special Power of Attorney is filed permanently or returned.
• Document presenters must be properly instructed to submit the required copy.

The circular also refers to an earlier Registration Department instruction requiring registration officers to examine original prior title documents and related revenue records, retain authenticated copies, and scan them as part of the registered document.

Monitoring and consequences

Circular No. 25440/C1/2017 directs registration officers to follow the procedure without giving room for complaints. District Registrars, Assistant Inspectors General and Deputy Inspectors General must check compliance during inspections.

District Registrars handling audit inspections must monitor compliance in every case. Any violation must be reported separately to higher officials. The circular states that disciplinary action may be taken against registration officers responsible for deficiencies and supervisory officers who fail to monitor compliance.