A New Bill for Property Registration
Original Documents
Now Mandatory for
Property Registration:
Tamil Nadu Introduces New Bill
In a swift response to the Supreme Court’s recent ruling, the Tamil Nadu government has introduced a new Bill on April 28, 2025, seeking to make the submission of original documents mandatory for all immovable property registrations in the state. This legislative move aims to ensure greater transparency and protection for property buyers and owners, while aligning with the directives of the Supreme Court.
Background: Supreme Court Strikes Down Rule 55-A
On April 7, 2025, the Supreme Court of India struck down Rule 55-A of the Tamil Nadu Registration Rules, 1949, declaring it ultra vires of the Registration Act, 1908. The Court clarified that state governments cannot frame rules under Section 69 that contradict or exceed the powers outlined in central legislation.
The State’s Response: A New Bill for Legal Backing
In light of this verdict, the Tamil Nadu government has proposed amendments to the Registration Act, 1908, through the insertion of Section 34-C. This new section seeks to provide legal sanctity to the intent of Rule 55-A — ensuring that only genuine documents are used during property transactions.
Key Highlights of the Proposed Section 34-C
Under the new provision, the following rules would apply to all immovable property registrations:
Original Document Required:
The original title deed or document through which the executant acquired ownership must be presented, along with an encumbrance certificate.In Case of Lost Original Document:
A non-traceable certificate from the Police Department, and
A public notice published in a local newspaper must be provided.
Mortgaged Property:
A valid No Objection Certificate (NOC) from the mortgagee is required for registration.Ancestral Property:
If the original document is unavailable, a valid patta issued by the Revenue Department must be submitted.
Objective of the Bill
The primary goals of this amendment are:
To prevent fraud, forgery, and impersonation in property transactions.
To offer legal legitimacy to previously informal procedures under Rule 55-A.
To ensure that registrations are secure, traceable, and transparent for all stakeholders.
Implications for Property Owners and Stakeholders
If passed, this amendment will:
Reinforce the importance of maintaining original property documents.
Reinstate the requirement for originals, now supported by proper statutory provisions.
Protect buyers from fraudulent transactions and disputes related to ownership claims.
Align the state registration process with national legal standards.
Conclusion
This proactive step by the Tamil Nadu government reflects a commitment to transparency and legal robustness in property transactions. By giving proper legal backing to the original intent of Rule 55-A, the state ensures that property registrations remain fair, fraud-proof, and compliant with judicial directives.
