Circular No. 39708/C1/2018, 4 October 2018
The Head of the Registration Department issued Circular No. 39708/C1/2018 dated 4 October 2018, directing registration officers to accept objections seeking to stop document registration only when they include evidence of the objector's rights in the property. Objections without the required evidence must be returned immediately and must not be used to refuse registration of an otherwise eligible document.
What the circular governs
Registration Department Circular No. 39708/C1/2018 dated 4 October 2018 deals with petitions objecting to the registration of documents relating to property. It responds to complaints that Sub-Registrar Offices were accepting unsupported objections and refusing documents presented by genuine property owners.
The circular seeks to prevent objection petitions from being used to harass another party or delay registration. Registration officers must conduct any necessary inquiry quickly and briefly, without avoidable delay.
Evidence required with an objection
Registration Department Circular No. 39708/C1/2018 allows an objection petition to be accepted only with one of the following forms of evidence:
- A copy of the document through which the objector purchased or obtained the property. The original must be given to the registration officer for comparison.
- A copy of the patta standing in the objector's name. The registration officer must verify it against the Tamil Nilam data.
- If the document or patta is in another person's name, records explaining how the objector became entitled to the property. Examples given are a death certificate and legal heir certificate.
An unregistered sale agreement, or a copy of one, cannot support an objection claiming property rights. The circular notes that registration of sale agreements became compulsory from 1 December 2012.
How registration officers must act
Registration Department Circular No. 39708/C1/2018 requires an unsupported objection petition to be returned immediately, with a direction to submit it again with proper evidence. An unsupported objection cannot by itself justify refusing another person's document.
If a document is presented by an eligible person and complies with the Registration Act, 1908, government orders and Registration Department circulars or orders, the registration officer must process registration according to the applicable requirements. A registration officer who refuses such a document merely because of an unsupported objection may face serious disciplinary action under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
Court orders and supported objections
The earlier instructions quoted in Registration Department Circular No. 39708/C1/2018 state that a document must not be accepted where the registration officer is a defendant or respondent and a court has restrained the officer from registering documents concerning the property. If the presenter insists, the document must be returned with the court order noted in the check slip.
Where an objector has clearly submitted evidence of ownership, the Sub-Registrar must hear both parties and issue the inquiry result before proceeding. If ownership is not proved beyond doubt, registration must be refused and the document returned.
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Common questions
Can I object to a property registration without attaching ownership documents?
No. The registration office must return an objection petition that does not include the required evidence and ask for it to be filed with proper supporting records.
What documents can support my objection petition?
You may provide the document through which you purchased or obtained the property, or a patta in your name. If either record is in another person's name, you must also explain and document how the property passed to you, such as through a death certificate and legal heir certificate.
Can an unregistered sale agreement be used to stop registration?
No. An objection claiming rights through an unregistered sale agreement, or a copy of one, must not be accepted.
Can a Sub-Registrar refuse my document because someone filed an unsupported objection?
No. If your document otherwise complies with the Registration Act, 1908, government orders and Registration Department instructions, registration must proceed according to the applicable requirements. Refusal based only on an unsupported objection may result in disciplinary action against the registration officer.
