Chennai:
The Registration (Tamil Nadu Amendment) Act, 2025, which mandates the production of original title documents and recent encumbrance details for the registration of immovable property, has come into force from January 23, 2025. The legislation received the President’s assent on January 9, 2025, after being adopted by the Tamil Nadu Legislative Assembly on April 28, 2025.
Objective of the Amendment
The amendment aims to prevent fraudulent property transactions and strengthen ownership verification during the registration process. By enforcing stricter documentation requirements, the government seeks to protect genuine buyers and enhance the integrity of land registration in the State.
Mandatory Documents for Property Registration
Under the amended Act, executants must submit:
- Original title / ownership documents
- Encumbrance Certificate (EC) obtained within 10 days prior to registration
- Required statutory clearances, wherever applicable
Special conditions apply to properties that are mortgaged, disputed, ancestral, or where original documents are lost, ensuring closer scrutiny before registration.
Key Provision: Section 34-C
Section 34-C of the amendment states that notwithstanding any other law, a document relating to immovable property shall not be registered unless:
- The executant produces the original document through which ownership rights were acquired, and
- An Encumbrance Certificate obtained within 10 days prior to submission is furnished
In cases where a subsisting mortgage exists on the property, the registering officer shall refuse registration unless a No Objection Certificate (NOC) is obtained from the mortgagee.
Background and Legal Context
Earlier, the Tamil Nadu government had introduced Rule 55-A under the Tamil Nadu Registration Rules, 1949, framed under Section 69 of the Registration Act, 1908. This rule required the production of parent documents during registration to curb forgery, impersonation, and irregularities.
However, in a judgment dated April 7, 2025, the Supreme Court held that Section 69 does not empower states to frame rules inconsistent with the central law and declared Rule 55-A(i) ultra vires the Registration Act, 1908.
State Amendment to Address the Gap
Following the Supreme Court ruling, the Tamil Nadu government amended the Central Act through a state-specific legislative modification. The new amendment legally embeds safeguards against fraudulent registrations within the statutory framework.
By codifying these protections, the amendment strengthens oversight of property registrations and offers greater legal security to buyers and property owners across the State.
