REGISTRATION OF DOCUMENTS IN TAMILNADU - PRACTICAL ISSUES

One of the significant developments in the area of document registration in Tamil Nadu is Online registration of documents. 

The Registration Act, 1908 mandates the registration of certain documents with the concerned Authorities (District Registrar / Sub Registrar of the concerned Jurisdiction as the case may be).

Before making the online registration compulsory, Registration of a document with the Registrar involves the following three steps:

1. Drafting of document.

2. Printing / typing the draft of the document in the stamp paper of prescribed value.

3. Presenting the executed document before the office of the Registrar and completing the Registration.

After the introduction of online registration there is a common misconception prevailing among people that the all the above said stages are to be done Online. However that is not the case. All the above said stages very well exist even now. In addition to the above, there is another formality which involves updating of the particulars of the document to be registered with the Registrar in the web portal of Tamil Nadu Registration department.

How does this works?

1. Upon creation of the final draft of the documents the particulars of the same are to be uploaded with the TN Registration Department's website by using the log in facility which is available in the page. There are two types of registered users who can activate their user IDs there - One is for document writers and second is for general public.

2. Subsequent to the updating of the required particulars a Transaction Process (TP) number is generated.

3. Upon successful generation of TP, a preview of the document will be generated. One can either print the PDF generated by the website or his/her own draft on the stamp paper of the required value and presented for registration.

5. Appointment has to be obtained for registration after which the usual registration process will follow.

Some key take aways:

1. Plan your Registration: Unlike before, Registration of documents may not happen within few hours of your decision to register. It may happen in a one or two days  to complete the formalities depending on the complexity of the document proposed to be registered. Therefore it is advisable to plan the registration with a buffer time of week to complete the process.

2. Take proper professional assistance: Even though the access to registration website is open to public, it is advisable to take the help of an Advocate/registered document writer to complete the Registration as the entire process in little tricky and expertise is very important to complete the same.

3. Make a document checklist: Before commencing the work, make a simple checklist of documents required. Make sure that all the required documents relating to the registration are available. Unlike before, the documents connected with the registration are to be uploaded at the time of making the online application which includes the ID proof documents of the parties and the witnesses.

4. Verify the particulars thoroughly: make sure that you verify the particulars of the documents thoroughly before the same is sent for online approval. Also ensure that no information is left out in the daft. Unlike before, last minute alterations cannot be made in the documents, even if the parties to the same give their consent. If the change is significant, then the entire process has to be commenced from the beginning.

5. Receipt of original document: At the time of creating the document online, it is mandatory to select the person who is entitled to receive the original document (Either of parties to the registration). The same person should turn up for collecting the document, once the same is ready. Upon matching their thumb impression in the biometric system, the document shall be released.

There are pros and cons in every procedural change introduced by the Government. This system too has its own advantages as well as difficulties. My post is not intended to discuss both. As a lawyer and a responsible citizen, I wanted to share my limited knowledge in this area to help people who need this information in some way or the other.

Thanks for the read.

SAVITHA G