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Registration of Document

(Querist) 27 June 2010 This query is : Resolved 
Good Morning Advocates
Under Section 20,34 and 81 of Registration Act 1908 the Sub Registrar concerned have statutory powers/jurisdiction to register fradulent First Sale Deed and it mandates for punishment as well Is this provision(s)/sections are applicable to subsequent sale deeds transactions. If documents are found to be a fradulent or not genuine can the Registering Authority refuse illegal sale deed registration and in case the registering authority does not conduct enquiry u/s 34 of the Act is such illegal registrations are valid legally and if not, what is further course of legal action in case any illegality is detected at a later dater date if sale is detected illegal and fradulent In such type of situations who is responsible Registering authority ir the party/person who manages to get the documents registered illegally
kindly advise legally
Thanks
S V Rao
sanjeev murthy desai (Expert) 28 June 2010
Dear S. V. Rao,

Under section 86 of Registration Act, Register officer not liable for bonafide thing done in his official capacity.

If you found that sale Deed is fradulent one, then you have to file a criminal case/ criminal case against who done that fradulent transaction.

sanjeev

Seshagiri Viswanatha Rao (Querist) 28 June 2010
Dear Sri Murthy
But what is the legal aspect in respect of sections 20,34 and 81 of Registration Act 1908 kindly whether these sections are in force or not and there is also penal provision under section 82 of the above Act in case it is registered erroneously
Thanks
s v rao
Seshagiri Viswanatha Rao (Querist) 29 June 2010
The landed properties of late father are in Andhra Pradesh Pare are not are alive and late father was Accounts Officer and retired from Defence Ministry The sale deed is in in his name as on date First living heir of father in chennai and all related documents are available Can Legal opinion be obtained from any one of the Advocates in Chennai Likewise Legal Heir Succession Heirship can be ob obtained from the Tahsildar concened of Chennai
DEFENSE ADVOCATE.-firmaction@g (Expert) 03 July 2010
And for filing criminal case you have to produce evidence.


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