The Tamil Nadu Document Writers Licence Rules, 1982
The Governor of Tamil Nadu issued the Tamil Nadu Document Writers Licence Rules, 1982 through the Commercial Taxes and Religious Endowments Department in G.O.Ms.No.397, dated 12 April 1982. Effective throughout Tamil Nadu from 14 April 1982, the rules regulate who may prepare documents for registration, document writer licensing and testing, required attestations and specified exemptions.
What the rules govern
The Tamil Nadu Document Writers Licence Rules, 1982 apply throughout Tamil Nadu. They govern documents written or typed for presentation to a Registrar or Sub-Registrar and define a document writer as a person professionally engaged in conveyancing, including investigating title, preparing draft deeds and engrossing deeds on stamp paper or plain paper.
The rules do not apply to advocates or pleaders practising before a court, or to documents written by them.
Requirements for registered documents
The Tamil Nadu Document Writers Licence Rules, 1982 require non-testamentary documents that must be registered to be prepared by a licensed document writer, subject to listed exemptions.
- The document writer must attest the document with the writer's full name and licence number.
- If a licensed copy writer writes out a draft prepared by a document writer, both must attest it with their full names and licence numbers.
- A typed document must be attested by the document writer who prepared its draft.
- A Registering Officer must not accept a non-testamentary document that fails to meet these requirements.
Documents covered by exemptions
The Tamil Nadu Document Writers Licence Rules, 1982 do not apply when an executant writes the document personally using the model format hosted on the registration website. Other listed exemptions include documents executed by an Official Receiver, Official Assignee, certain legally authorised authorities, governments, local authorities, cooperative societies, banks, notified corporate bodies and institutions, and members executing documents in favour of cooperative societies. The Government may exempt further classes of documents through a notification in the Tamil Nadu Government Gazette.
Licensing and eligibility
The Tamil Nadu Document Writers Licence Rules, 1982 generally require an applicant to pass the Document Writers' Licensing Test conducted by the Inspector General of Registration. Listed persons eligible for a licence without that requirement include members of the Institute of Chartered Accountants of India, qualifying retired Registration Department officials and holders of a Certificate in Document Writing issued by recognised universities in Tamil Nadu.
The test has two papers covering registration law and procedure, and document drafting. Applicants must have completed 25 years of age, hold a degree from a recognised university and have typewriting qualifications in Tamil and English. The source also contains specific provisions for certain copy writer licensees and requires test applicants to have studied Tamil as a first or second language in the relevant school examination.
Licensing authorities and disqualifications
The Tamil Nadu Document Writers Licence Rules, 1982 identify the Inspector General of Registration, an authorised Deputy Inspector General of Registration and the relevant District Registrar as licensing authorities for different licence areas. Listed grounds for refusing a licence include specified court findings, insolvency, certain criminal convictions, previous licence cancellation, prohibited employment, specified relationships with licensed stamp vendors and other reasons recorded in writing by the licensing authority.
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Common questions
Can I prepare my own document without using a licensed document writer?
Yes, the rules exempt a document written by the executant personally when it is drafted using the model format hosted on the registration website.
What details should a licensed document writer put on my deed?
The document writer must attest the document with the writer's full name and licence number. If a copy writer writes out the document from the draft, both the document writer and copy writer must provide their full names and licence numbers.
Do these licensing rules apply to documents prepared by an advocate?
No. The rules do not apply to an advocate or pleader practising before a court, or to documents written by that advocate or pleader.
Can a Sub-Registrar accept a non-testamentary document that does not meet the preparation and attestation requirements?
No. A Registering Officer must not accept a non-testamentary document for registration unless it complies with the stated preparation and attestation requirements, subject to the listed exemptions.
