Registration (Tamil Nadu Amendment) Act, 2008

1. (1) This Act may be called the Registration (Tamil Nadu Amendment) Act, 2008.
2. (2) It extends to the whole of the State of Tamil Nadu.
3. (3) It shall come into force on such date as the State Government may, by notification, appoint.

For section 22-A of the Registration Act, 1908, the following section shall be substituted, namely:— “22-A. Refusal to register certain documents.—Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely:—

1. (1) instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, lease,—
   • (i) belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;
   • (ii) belonging to, or given or endowed for the purpose of, any religious institution to which the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 is applicable;
   • (iii) donated for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board established under section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958; or
   • (iv) of Wakfs which are under the superintendence of the Tamil Nadu Wakf Board established under the Wakf Act, 1995, unless a sanction in this regard issued by the competent authority as provided under the relevant Act or in the absence of any such authority, an authority so authorised by the State Government for this purpose, is produced before the registering officer;
2. (2) instrument relating to the transfer of ownership of lands converted as house sites without the permission for development of such land from planning authority concerned: Provided that the house sites without such permission may be registered if it is shown that the same house site has been previously registered as house site. Explanation I.—For the purpose of this section ‘local authority’ means,—
   • (i) any Municipal Corporation constituted under any law for the time being in force; or
   • (ii) a Municipal Council constituted under the Tamil Nadu District Municipalities Act, 1920; or
   • (iii) a Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu Panchayats Act, 1994; or
   • (iv) any other Municipal Corporation, that may be constituted under any law for the time being in force. Explanation II.—For the purpose of this section ‘planning authority’ means the authority constituted under section 11 of, and includes the Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;
3. (3) instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed.”.

In section 28 of the principal Act,—

1. (1) in clause (a), for the expression "clauses (a), (b),
   • (c) and
   • (d) and (e)," the expression "clauses (a), (b), (c), (d), (e), (f), (g),
   • (h) and (i)" shall be substituted;
2. (2) to clause (a), as so amended, the following proviso shall be added, namely:— " Provided that every document mentioned in clause
   • (h) of sub-section
3. (1) of section 17 may also be presented for registration in the office of the Sub-Registrar within whose jurisdiction the principal ordinarily resides;".

After section 34-A of the principal Act, the following section shall be inserted, namely:— "34-B. Procedure for Registration of document of Power of Attorney relating to immovable property.—Subject to the provisions of this Act, no document of Power of Attorney relating to immovable property shall be registered, unless passport size photographs and finger prints of the principal, the agent and of the identifying witnesses are affixed to the document and the agent has also signed such document.".

In section 50 of the principal Act, in sub-section (1), for the expression "clauses (a), (b),

1. (c) and
2. (d) of section 17", the expression "clauses (a), (b), (c), (d), (f), (g),
3. (h) and
   • (i) of section 17" shall be substituted.

After section 64 of the principal Act, the following section shall be inserted, namely:— "64-A. Procedure where instrument of Power of Attorney presented in office of Sub-Registrar relates to immovable property not situate in sub-district.— Every Sub-Registrar on registering an instrument of Power of Attorney including instrument of revocation or cancellation of such Power of Attorney relating to immovable property not situate in his own sub-district, shall make a copy and send the same together with a copy of the map or plan (if any) mentioned in section 21, to every other Sub-Registrar in whose sub-district the whole or any part of such property is situate and such Sub-Registrar shall file the same in his Book No.1: Provided that where such instrument relates to immovable property in several districts, shall forward the same to the Sub-Registrars concerned, under intimation to the Registrar of every district in which any part of such property is situate.".

Every person presenting any document at the proper registration office under section 32 shall affix his passport size photograph and fingerprints to the document: Provided that where such document relates to the transfer of ownership of immovable property, the passport size photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be affixed to the document."