1. Exceptions to Appearance in Property Registration
In Tamil Nadu, as per the Registration Act, both the buyer and the seller are typically required to appear before the Sub-Registrar during property transactions. However, there are several exceptions where property transfers can occur without the personal appearance of the buyer or seller.
2. Government-Led Property Transactions
When land or property is sold or transferred by the government or related institutions, officials representing these bodies are not required to appear before the Sub-Registrar. The transaction is handled directly by the concerned government department on behalf of the beneficiary.
3. Document Preparation in Government Offices
In such cases, government officials prepare and sign sale deeds in their offices, and only the beneficiary or buyer needs to visit the Sub-Registrar’s office to complete the registration process. This arrangement helps streamline the process and saves time for government personnel.
4. Why Government Officials Are Exempt
Government officials are exempt from personal appearance in registration offices to avoid delays and the unnecessary use of government resources. Institutions like the Tamil Nadu Housing Board and the Slum Clearance Board regularly conduct property transactions, making it impractical for officials to attend every registration personally.
5. Notification in the State Gazette
The Tamil Nadu government publishes notifications in the State Gazette, detailing which officials are exempt from appearing at the Sub-Registrar’s office. These exemptions are pre-communicated to the registration authorities, allowing government property transfers to occur without direct involvement from officials.
6. Public Property Transfers to the Government
When private individuals donate or sell property to the government or a government body, the officials from the receiving institution are similarly exempt from appearing in the Sub-Registrar’s office. Only the individual transferring the property is required to be present for registration.
7. Authority Granted for Public Transfers
In cases where public land or roads are being transferred to a government body, such as a local authority, the official receiving the property does not need to appear in person. The responsibility for the transfer lies with the individual or entity handing over the land.
8. Example of Public Road Transfer
For instance, when a plot of land is subdivided and the roads are handed over to local authorities, such as Block Development Officers (BDOs), the BDOs do not need to visit the Sub-Registrar’s office. The person donating the road attends the registration on their behalf.
9. Tamil Nadu Depositors Act 1997
Under the Tamil Nadu Depositors Act of 1997, when banks issue sale certificates, only the beneficiaries (buyers) are required to register the document. Bank officials are exempt from appearing at the Sub-Registrar’s office for this purpose.
10. Civil Procedure Code of 1908
According to the Civil Procedure Code of 1908, when courts issue sale certificates for immovable property, court officials are not required to appear before the Sub-Registrar for the registration process. Instead, the buyer can register the sale certificate directly.
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