Produce original title deed reg

JEGADEESAN (Querist) 27 January 2026 This query is : Resolved
Sir
I would like to clarify some doubts regarding Tamil Nadu Govt act regarding produce the Original Title Deed in connection with Registration of Documents. Already the same matter has been settled in High Court & Supreme Court . Since getting Non Traceable Certificate from Police Department will lead to spend some lakhs and getting patta from revenue department also same cost the court clearly said those rules are against the Parent Act & Constitution of India.
1. Now once again Tamil Nadu Govt enacted the same Bill (Instead of rule ) and got the president's assent .
Whether will it sustain or may be quashed by any High Court or Supreme Court .
2. Further SRO asking Legal heir certificate in respect of Ancestral property But Court said that oral partition is also valid if the same has been done in family members hence no need to produce the legal heir certificate and SRO has no such power to direct the executant to produce the Legal Heir certificate and Civil matters would come under civil Court's Jurisdiction.

Since one of my relative Namely Maharajan already executed the sale deed in Dec 2025 and it has been refused by the SRO based on Original Title Deed is not available in the name of executant and patta is also not in his name .
But title in his father's name( Ramasamy) and Maharaja lost the original Title deed but patta also some other's name (Manikkam) ( by Double Document Manikkam got the patta )
Now Maharajan is going to approach the Hight Court to quash the Refusal Slip

3. Whether Tamil Nadu Govt passed the bill regarding Amendment of Regn Act on 28.4. 2025 (but President's assent obtained in Jan 2026 ) will affect the Sale deed executed in Dec 2025 regarding produce original previous title document?

4.Further his advocate said that he will get direction since the SRO has no authority to decide the Title and no power to interfere with Civil Court matters. Whether it is possible?

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Quick Summary

This discussion clarifies doubts regarding the Tamil Nadu government's act requiring the production of original title deeds for document registration. Previous rules were struck down by the High Court and Supreme Court for being unconstitutional. Despite this, the government has re-enacted similar provisions via an amendment to the Registration Act. The core issues revolve around whether this new amendment will be upheld or quashed, and the validity of requiring legal heir certificates for ancestral property when oral partitions are recognised by courts. The discussion highlights a specific case where a sale deed was refused due to the absence of the original title deed and patta in the executant's name, leading to a High Court challenge.

kavksatyanarayana (Expert) 29 January 2026
In Tamil Nadu, registering a sale deed without the original title deed is generally restricted under Rule 55A. However, registration may proceed if a non-traceable certificate (such as a police complaint) and newspaper advertisements are provided. The absence of the original deed raises risks of previously undisclosed encumbrances. Consulting a local advocate to prepare the affidavit and manage the public notification process is advised.

JEGADEESAN (Querist) 29 January 2026
Sathyanarayana Sir Thanks for your reply . Further Rule 55A has no statutory authority & Rule 55A(i) of the Tamil Nadu Registration Rules, 1949 was declared invalid as it imposed substantive conditions not found in the parent legislation, the Registration Act, 1908.
Now TN Govt made amendment in Act . Since rule has been invalidated by the Courts.
The same job done by TN Govt to cancel the regd deed by amendment in Regn Act vide Section 77A. But it has been cancelled by the Madras High Court as it was unconstitutional .
Now TN Govt again done an unconstitutional things .
May be it will be invalidate by court again .
But my question is whether the amendment made in April 2025 (But president assent was obtained in Jan 2026 & Published in gazette in Jan 2026 ) would affect the sale deed executed in Dec 2025 which is sub judice due to refusal slip issued by SRO with the remarks of Title was not established and double document

T. Kalaiselvan, Advocate (Expert) 30 January 2026
You question is based on your imaginary presumptions, let the act assented by the honorable president of India, take shape as law, you will get all answers, until then you may just wait patiently to become aware of the actual law that was enacted and do not show haste to presume things.

JEGADEESAN (Querist) 01 February 2026
Thanks Kalaiselvan Sir.
Question is Not based on imaginary presumptions.Since Section 77A was also enacted by TN Govt and got assent from President of India But the same has been cancelled by the Court .
Here also Sec 34C insists Patta is enough ( in case of ancestral property) to register the sale deed.
However court already ruled that Patta is fundamentally a record of land possession or a revenue document for tax purposes and does not in itself constitute a document of legal title or ownership.
Anyway I will wait till the court proceedings will be completed

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