CHENNAI: The Registration (Tamil Nadu Amendment) Act, 2025, which makes mandatory the production of original title documents and recent encumbrance details before registering immovable property, came into force from January 23, as the bill received the assent of the President on January 9. The bill was adopted by the Tamil Nadu Assembly on April 28, 2025.
The amendment to the Act is aimed at preventing fraudulent property transactions and strengthening the verification of ownership. The new law requires executants to submit original ownership records, recent encumbrance certificates, and necessary clearances before registration, with strict conditions for mortgaged, disputed, ancestral, or lost-document cases, aiming to protect genuine buyers and strengthen the integrity of land registrations.
Section 34-C of the amendment says even if any other law is in force that says otherwise, a document relating to immovable property cannot be registered unless the person executing the document produces the original document through which he acquired rights over the property, along with an encumbrance certificate for that property obtained within 10 days before submitting the document for registration.
According to the law, where an encumbrance to a subsisting mortgage exists over the property, the registering officer shall not register such a document unless a No Objection Certificate is obtained from the mortgagee.
In an earlier attempt to address forgery, impersonation and other irregularities in the registration of immovable property, the state had introduced Rule 55-A to the Tamil Nadu Registration Rules, 1949. Framed under Section 69 of the Registration Act, the rule mandated that the parent document or other prescribed records be produced at the time of registration to verify ownership.
However, in a judgment on April 7, 2025, the Supreme Court ruled Section 69 does not confer the authority to enact rules inconsistent with the central legislation.
As a result, the court declared Rule 55-A(i) ultra vires to Registration Act, 1908. In response, the Tamil Nadu government amended the Central Act through a state-specific modification, aiming to embed safeguards against fraud within the legal framework. The new bill was introduced to codify these protections, strengthening oversight of property registrations and offering greater security to buyers and property owners.
Amendment aims to prevent fraud
The amendment to the Act is aimed at preventing fraudulent property transactions and strengthening the verification of ownership. The new law requires executants to submit original ownership records, recent encumbrance certificates, and clearances before registration