Introduction
In the legal landscape of Tamil Nadu, document writers play a crucial role in the preparation of legal documents such as sale deeds, partition deeds, gift deeds, and settlement deeds. These individuals, often stationed around registration offices, assist in drafting the necessary paperwork for property transactions. However, the profession of document writing faces challenges due to the lack of proper licensing, oversight, and regulation. This article discusses the pressing need for proper licensing for document writers and calls for immediate action from the Registration Department to safeguard the interests of both the profession and the public.
Document Writers and the Licensing System
The Registration Department has historically issued licenses to document writers, categorizing them based on their operational jurisdiction. “C” license holders are restricted to a particular sub-registrar office, “B” license holders can work within an entire registration district, and “A” license holders are authorized to operate anywhere in the state. These document writers are required to have relevant qualifications, including degrees from recognized universities and diplomas in computer applications, alongside passing exams in Tamil and English. However, this system has been largely inactive for over two decades, leaving many document writers unlicensed but still active in the profession.
The Current Status of Document Writers
Many of the document writers currently operating outside registration offices lack valid licenses, despite having years of experience. In some cases, they continue the business based on licenses originally held by their family members. While their skills may be commendable, the lack of formal recognition exposes them and their clients to potential legal risks. Without proper licensing, the authenticity and validity of their work can be questioned, leading to complications in legal transactions.
Challenges Faced by the Public and Unlicensed Writers
The lack of proper licensing for document writers not only affects the writers themselves but also poses a significant risk to the public. Without proper legal oversight, the documents prepared by unlicensed writers could contain errors or lack the necessary legal provisions, leading to disputes and potential litigation. Moreover, with the rise of online self-prepared documents, unlicensed document writers have found ways to exploit the system by providing services under the guise of “self-preparation,” further complicating the issue.
The Role of Lawyers and Prohibited Practices
While lawyers are authorized to draft legal documents, some unlicensed document writers misuse this privilege by using rubber stamps of lawyers to legitimize their work. This creates a parallel, unauthorized industry that undermines the legal framework. Additionally, document writers are prohibited from acting as intermediaries, serving as witnesses, or having close relationships with registration office employees, yet these rules are frequently violated due to the lack of strict enforcement.
The Need for Immediate Action
To address these challenges, the Registration Department must reintroduce licensing exams for document writers, ensuring that only qualified professionals are authorized to draft legal documents. This would not only provide employment opportunities for the younger generation but also improve the quality and accuracy of legal documentation, benefiting the public and reducing the risk of legal disputes.
Conclusion
The profession of document writing is an essential part of Tamil Nadu’s legal ecosystem, and it is imperative that it is properly regulated. By reintroducing licensing exams and enforcing existing regulations, the Registration Department can restore credibility to the profession and protect the public from unauthorized and potentially harmful practices. The time for action is now, and ensuring the proper licensing of document writers is a crucial step in safeguarding the legal integrity of property transactions.
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