Government is taking all possible steps to prevent land grabbing and bogus registration. It is felt that the root cause of land grabbing and bogus registration is due to the fact that the registration of the documents of Power of Attorney, Sale Agreements and Agreements relating to Deposit of Title Deeds is optional. In order to prevent the misuse of these documents in cheating people, the Legislative Assembly had passed a Bill for amending certain provisions of the Registration Act, 1908 on 16.5.2012 and the President of India has now given assent to the above amendment and the same has been enacted as Tamil Nadu Act 29 of 2012.
According to the amendments made, it has been made compulsory to register the documents relating to Power of Attorney, Sale Agreement, Agreement relating to Deposit of Title Deeds and Construction Agreement as provided under Article 5(i) of the Indian Stamp Act, 1899. Documents of Power of Attorney executed outside India are exempted from compulsory registration. While the present arrangement of registering Sale Agreement and Agreement relating to Deposit of Title Deeds with jurisdictional Sub-Registrar will continue, documents of Power of Attorney have to be registered either with the jurisdictional Sub-Registrar, where the property is situated or where the principal resides. Further it has also been provided to affix the photographs of the agent and identifying witnesses in the documents of Power of Attorney and it has been mandated for the agent to sign in such documents. As the registration of the above said documents is now being made compulsory, a registered document will take precedence over an unregistered document.
The above amendments will be brought into force from 1.12.2012.
According to the amendments made, it has been made compulsory to register the documents relating to Power of Attorney, Sale Agreement, Agreement relating to Deposit of Title Deeds and Construction Agreement as provided under Article 5(i) of the Indian Stamp Act, 1899. Documents of Power of Attorney executed outside India are exempted from compulsory registration. While the present arrangement of registering Sale Agreement and Agreement relating to Deposit of Title Deeds with jurisdictional Sub-Registrar will continue, documents of Power of Attorney have to be registered either with the jurisdictional Sub-Registrar, where the property is situated or where the principal resides. Further it has also been provided to affix the photographs of the agent and identifying witnesses in the documents of Power of Attorney and it has been mandated for the agent to sign in such documents. As the registration of the above said documents is now being made compulsory, a registered document will take precedence over an unregistered document.
The above amendments will be brought into force from 1.12.2012.
