Balaji Bakthavathsal (+919444448455) 22 November 2011

Erratic judgments

A group of fraudulent persons attempted to grab our ancestral house in which we are living till date. The fraudulent persons made several encumbrances on our property within a period of 1 year by creating bogus Gift Deed, Sale Agreement and Sale Deed etc. When we came to know about the fraudulent encumbrances made on our property, we brought it to the notice of the concerned sub-registrar who entertained all such fraudulent entries on our property and the sub-registrar was notified through verbally, through written letters/complaints and through court notices. The sub-registrar and the district registrar simply replied that they are acting upon as per the provisions contained in the sections 34 & 35 and Rule 55 of the Registration Act 1908 and they have not violated an iota of the said Act. The sub-registrar and the district registrar were told to consider the sections of the same registration act wherein it is stated that

- The registering officials should act like a civil court

- The registering official can decline registration if he smelt fraud or forgery

- Should consider the complaint when it is brought to his notice

Since all our requests/complaints did not yield any fruitful action by the registering officials, and the police too failed to take the complaint stating that it is a matter of civil dispute, I was forced to file a writ petition in the High Court of Madras, challenging the fraudulent registrations made on our property and requested the Honourable High Court to annul all the encumbrances.

The Government Advocate who appeared on behalf of the Registration department, argued that the sub-registrar acted as per the sections 34 & 35 and Rule 55 of the Registration Act 1908 and the Honourable Judge accepting the argument dismissed the Writ petition saying that sub-registrar as per the role defined in the Registration Act and I was directed to file a civil suit in the lower court if I am the genuine owner.

Though I wanted to appeal against the judgment, I was misguided by my lawyer and even one of the lawyer from the LCI replied to my query that the act of the registrar is correct as per the registration act.

Now, the Inspector General of Registration, Chennai has issued a circular under the No. 67 dated 3^rd November 2011 in which he has clearly stated that Section 82 and Section 83, the sub-registrar/registrar can initiate action against the fraudulent persons when a complaint is brought to the notice of the registering officials by the aggrieved party.

As a layman, I simply raise the question to the members of the learned lawyers forum to give their views:

1) Any document registered with the registration department becomes a legal document which means that it has got a legal hold. Right ? When it is so, before giving the legal validity, is it not the responsibility of the registering officials to consider and verify the legality of the transaction before authenticating it ?

2) As a layman, in my writ petition, I stated that the registration done by the registrar on our property by a third and unknown person is wrong while the property s registered in my father’s name and the person who made the current registration is no way connected or related and done the registration without establishing any relationship or ownership. The registrar says that I am no way concerned to check the validity of the ownership. When a document is presented before me for registration, it is my duty to check whether the concerned parties are present, their identity established and they are in sound mental condition. And he says that even he does not have the power to recall or revoke the action done by him. When the registering officials said so, I approached the Police to make a complaint on the fraudulent persons but the police too refused to accept the complaint saying that it is civil dispute and police cannot interfere. As a last course, I approached the High Court bringing forth all the facts and sought for the cancellation of encumbrances. And the court too says that registrar is right and you file a civil suit if you are the genuine owner and see if you are lucky enough to survive when the final judgment is delivered on your property. What a ----------- system we have got ? I leave it to the choice of honourable member of LCI to fill up blank portion as I have no word to comment on it.

3) Now, the Inspector General of Registration, Chennai having said in his circular that Registrar cannot deny accepting the complaints from the aggrieved parties and should act upon as per the provisions contained in Section 82 and 83 of the Registration Act, it clearly revelas that i) the lawyer who pleaded for me in the writ petition is not fully aware of the Registration Act and argued my case ii) The lawyer who represented the Registering officials too not aware of the provisions contained in Section 82 and 83 of the Registration Act defended the Registering officials. And iii) the most intolerable incident is the judgment made by the honourable judge who without going through the Registration Act or consulting the head of the Registration department delivering such a biased judgment.

4) The worst part is in the judgment delivered at Madurai by the Madras High Court Bench in Writ Petition (MD)No.10543 of 2009 where the judge has given his verdict saying that The rule clearly states “it forms no part of a registering officer's duty to enquire into the validity of a document brought to him for registration or to attend to any written or verbal protest against the registration of a document based on the ground that the executing party had no right to execute the document.” I understand that I cannot comment upon the judgment or the judge who delivered his judgment. Then to whom else we can complain about these sort of errand judges ?

5) My writ petition was dismissed about a year back or so. Can I reopen the case bringing forth the IG Registration’s circular and seek fresh verdict ?

I would be very grateful if the learned lawyers give their opinion on this issue.

Thanks & Regards

Balaji

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6 Replies

niranjan (civil practice) 22 November 2011

I think you can file review petition.

R Trivedi (advocate.dma@gmail.com) 12 February 2012

The point seems that no one has analysed your situation factually. Find out the solution in following questions.

1. All regsitered documents like this are preseumed to be true... that means they can be proved to be false or fraudulent.

2. Who is the actual owner of the property ?

3. Is the property still in your possession or not ?

4. If in your possession, then how come those so called goons have not evicted you till date ?

5. The sale or Gift deed is signed by whom ?

6. Is any of the goon anyhow related to this property or related to your ancestors ?

7. Why these goons chose your property only ?

The point is you know the truth, tell the truth, see from a stranger point of view, then comment on your case as well as on (in)efficiency of the courts.

Balaji Bakthavathsal (+919444448455) 12 February 2012

Dear Mr. Trivedi,

Thanks for your queries raised by you. Since you have shown some interest, I am bound to give reply to your queries.

1. All regsitered documents like this are preseumed to be true... that means they can be proved to be false or fraudulent.

Yes, The accused do no have any document with them except the fraudulent Gift Deed and the Sale agreement and Sale Deed. Someone's property was gifted by a fraudulent lady and that was sold by the person who got it gift.

2. Who is the actual owner of the property ?

My father is the actual owner of the property.

3. Is the property still in your possession or not ?

Yes, the property is very well in our possession and occupation.

4. If in your possession, then how come those so called goons have not evicted you till date ?

They were attempting to evict us from our house but I filed a writ petition in the High Court, Chennai which in turn directed the District Crime Branch Police to enquire the matter and take appropriate action.

5. The sale or Gift deed is signed by whom ?

The Gift Deed was made by a fraudulent lady who is no way related either to the family or the property and she gifted our property to her son. The fraudulent son, in turn executed a power of attorney. Sale Deed was signed by the Power Agent who got the Power of Attorney from the fraudulent owner while the power of attorney was subsequently cancelled by the fraudulent owner at the time of Sale deed registration.

6. Is any of the goon anyhow related to this property or related to your ancestors ?

None is related either to the family or the property.

7. Why these goons chose your property only ?

That is what we also wonder. Anyway, It is meaningless to ask a thief why he chose to rob that particular house. They goons are real land grabbing mafias who await the opportunity to grab a house. The fraudulent person, somehow got the root document of our property and from that he planned to grab our property.

Mr. Trivedi, leave about telling the truth. The High Court is not interested in hearing the truth. A writ petition was filed challenging the Act of the Registrar. When the case is dealt, both the lawyers and the judge should be thoroughly knowledgable or atleast refer the concerned Act before taking up the case. When an oridinary person, a layman in law could go through the Registration and find out whar are all the rules governing the Act of Registrar/Sub-Registrar, can't the lawyers/judges find out the same from the very same Registration Act ? Our legal system is having some points which are contradicted in other section. The role of the judge is to take up the issue and considering the situation and circumstance should apply which one can be taken for consideration. No doubt that the Registration Act Section 34 and rule 55 says that it is not the duty of the registering officials to verify the ownership of the property and he cannot refuse registration. At the same time, the very same Registration Act says that when a complaint is present he should accept and act accordingly. How can the judge give a decision without going through the Registration Act fully ?

R Trivedi (advocate.dma@gmail.com) 12 February 2012

So court is doing something !! Please present the facts to these investigators. A property document in general has a full sequence, it is not easy to fool the courts based on false deeds or false gift deeds etc. You cannot crib about the court judgement, you can appeal against it to higher courts, that is your right. Read the part XIV of registration act, it is quite a detterant for fraudsters.

hammeed (Senior Legal Consultant) 16 June 2015

Dear Balaji Bakthavathsal,

I can understand your predicament. I am a lawyer with nearly 45 years standing and I got a personal case like yours.

We cannot comment upon judgments. Just for u r information there are about 40 writs disposed off as a batch by the Madurai Bench which is pending before Division Bench in appeal.

Another 20 about cases were taken up and ordered 2B heard by Division Bench along with the earlier 40 appeals. To my surprise another 3 writs 21019 to 21`021 of 2012 escaped this onslaught and are still pending to be heard by Madras HC.These writs where there is stay of above circular is there must also be moved to be taken up along with the Division Bench appeals.

Untill and unless this happens no one can recourse to the circular cited by you.

We need to wait.

Regards

hammeed

Suhas Sambhal ( Manager) 14 February 2016

I am very much happy to let all of you to know that the first time in Maharashtra case has been filed by sub registrar in January 2016 under section 82,83 against complaint /application filed by aggrieved person (Me) in registration office under Citizens charter rules. All executants of the 4 fraudulently acquired sale deed ( registered in 1981,2008,2011) has been held. makarand (A one who is a battle winner against registration deptt.)