சுற்றறிக்கை எண்.25600/சி1/2018
The Head of the Registration Department issued Circular No. 25600/C1/2018, dated 1 October 2018, to strengthen verification of prior title documents and prevent fraudulent property registration. From 4 November 2018, registration officers must generally verify, mark and scan the original prior document for every document concerning immovable property, except wills, subject to the stated exceptions and special requirements.
What the circular governs
Circular No. 25600/C1/2018 of the Registration Department sets out how registration officers must check prior documents when registering transactions involving immovable property. The checks are intended to confirm the document holder's rights and reduce fraudulent registrations.
Earlier instructions required officers to compare prior registration details, patta information, property boundaries, survey numbers and subdivision numbers with the relevant registers. Sale, transfer, gift, settlement, mortgage and general power of attorney documents were to be accepted only after examining the prior document and relevant revenue records.
Original prior document checks
From 4 November 2018, the following procedure applies:
- The original prior registration document must be checked for every document referring to immovable property, except a will.
- After checking, the registration officer must write “verified”, enter the date and sign the original.
- The page containing that endorsement must be scanned and retained as a reference document.
- District Registrars responsible for audit must check whether the endorsement and scanning procedure has been followed. Failure must be reported separately in the audit remarks.
Wills and inherited property
When a will is produced as the prior document, the registration officer must also check the prior document through which the person who made the will acquired the property. Both the original will and that acquisition document must be marked “verified”, dated, signed and scanned as reference documents.
A prior registration document need not be requested if the person who made the will acquired the property through a patta.
Missing or unavailable originals
When an original prior document is missing, the document holder must submit a certified copy. The materials for consideration include a copy of the police complaint acknowledgement, commonly identified as the CSR, and a copy of the newspaper advertisement concerning the loss. The clarification also makes a non-traceable certificate compulsory when the original prior document is missing.
Where an original has been deposited with a bank, proof of that deposit may be considered. For partition and other transaction documents registered without a copy, the original need not be insisted upon if the document does not state who is entitled to retain it.
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
Will the Sub-Registrar ask for my original prior title document?
Yes. For registration of documents referring to immovable property, the original prior document must generally be checked, marked “verified”, dated, signed and scanned. Wills are subject to a separate verification procedure.
What must I provide if the original prior document is lost?
You must provide a certified copy, a copy of the police complaint acknowledgement, a copy of the newspaper advertisement about the loss and a non-traceable certificate.
What happens when a will is used as the prior document?
The officer must check both the original will and the document through which the person making the will acquired the property. A prior registration document is not required if that person acquired the property through a patta.
When did the verification procedure take effect?
Circular No. 25600/C1/2018 states that the procedure takes effect from 4 November 2018.
