Circular, Letter No. 18339/C1/2012, Procedures to Prevent Fraudulent Registration
The Office of the Inspector General of Registration, Chennai, issued Circular Letter No. 18339/C1/2012 dated 25 April 2012, reiterating document verification procedures intended to prevent bogus or fraudulent property registrations. It directs registering officers to examine previous original deeds or specified supporting records before registering transfers, mortgages, powers of attorney and certain other property documents.
What the circular does
Circular Letter No. 18339/C1/2012 dated 25 April 2012 was issued by the Office of the Inspector General of Registration, Chennai. It reiterates earlier instructions requiring Sub Registrars and other registering officers to verify documents showing that a person signing a property document has rights over the property. The stated purpose is to protect the public from bogus or fraudulent registration.
Property transactions covered
The verification requirement applies to deeds transferring immovable property or creating a charge over it. The circular identifies the following transactions:
- Sale.
- Gift.
- Settlement.
- Exchange.
- Mortgage.
- Power of attorney.
For these transactions, the registering officer must require the previous original deed or deeds through which the person signing the document acquired rights over the property. The officer must examine those records before registration and satisfy himself that the person has rights over the property.
When previous deeds are unavailable
Circular Letter No. 18339/C1/2012 provides alternatives for particular circumstances:
- For ancestral property where previous documents are unavailable, the person must produce a Patta copy issued by the Revenue Department and an original tax receipt, together with attested or notarised photocopies.
- The registering officer must check the originals, return them to the person concerned, and retain the attested photocopies as part of the document by scanning and numbering them.
- If a previous original deed has been lost, the person must provide a certified copy, a copy of the police complaint, and a copy of an advertisement published in local newspapers about the loss. An original Patta or property tax receipt must also be produced.
Government, poramboke and religious institution land
Circular Letter No. 18339/C1/2012 directs the registering officer to return a document with a check slip if records show that the property is government land, poramboke land or land belonging to a religious institution, and the person does not produce a Patta proving a right over it.
If a Patta is produced for such land, the officer must keep the document pending while checking the facts and the Patta's genuineness with the relevant department or revenue officials.
Cancellation of a settlement deed
For cancellation of a settlement deed, the settler may be unable to produce the original because it is held by the recipient of the settlement. In that situation, the settler may provide a certified copy. After verifying its identity, the registering officer may register the cancellation deed without requiring the original settlement deed.
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
Must I produce my previous original deed when registering a sale?
Yes. For a sale or another listed property transaction, the registering officer must require and verify the previous original deed or deeds through which the person signing acquired rights over the property.
What can I submit if the property is ancestral and there is no previous deed?
You must produce a Patta copy issued by the Revenue Department and an original tax receipt, along with attested or notarised photocopies. The originals are to be returned after verification, while the photocopies are scanned, numbered and retained.
What documents are required if my original property deed is lost?
You must produce a certified copy of the deed, a copy of the police complaint, a copy of the local newspaper advertisement about the loss, and an original Patta or property tax receipt.
What happens if records identify the property as government or poramboke land?
Without a Patta proving the person's right, the registering officer must return the document with a check slip stating the facts. If a Patta is produced, the document must be kept pending while its genuineness and the relevant facts are checked with the appropriate authorities.
