Registration act
Balaji Bakthavathsal
(Querist) 24 November 2011
This query is : Resolved
A group of fraudulent persons attempted to grab my ancestral house with the help of fake documents and created several encumbrances on my property.
Scene 1:
When I learnt about those encumbrances, I rushed to the Sub-Registrar and requested him to clear the encumbrances as they are all bogus and fraud which can be very well seen from the records maintained at his office where the property is registered in the name of my father while the fraudsters have no link to the property. The registrar simply refused to oblige my request and said that he acted as per the Registration Act and he cannot revoke or recall his own order and I can settle the issue only through court.
Scene 2 :
When the registrar refused to my request, I then sought the help of the Police department to enquire the fraudsters and take necessary action. But the police too coolly refused my complaint saying that it is a civil complaint and they cannot entertain.
Scene 3:
I file a writ petition in the Madras high Court bringing forth all the facts and request the honourable court to annul all the encumbrances made by the Registrar. The High court turned down my writ petition saying that the act of Registrar is 100 % perfect as per the Registration Act and he cannot be blamed and directed me to file a civil suit in the lower court.
I understand that one cannot comment or criticize either the judge or the judgment as it tantamount to contempt of court. But at the same time, I am pained to note the injustice made out to me. I had spent considerable amount of my earnings/savings in filing the writ petition. Why should one spend his hard earned money to file a writ ? Simply to hear the one sided judgment ? Had the judge asked the registering officials questions like, in whose name the property is registered, when it was done, and now who has made the transactions, do they have got any rights over the property, under what circumstances the registrations were made etc. and asked the registrar to conduct an enquiry and submit his report within a month and then finally had he delivered his judgment, I would have saluted him. Simply and blindly taking the arguments of the Govt. lawyer, the judge stated that the Registrar acted upon as per the provisions contained in Section 34 & 35 and the rule 55 as per the Registration Act.
The very same judge dismissed a similar 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.”
Now, the Inspector General of Registration, Tamil Nadu has clearly said in his circular No. 67 dated 3rd November 2011 sent to all the Sub-Registrars and Registrars in the state that under 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.
It has clear now that
1) The lawyer engaged by me is not aware of the provision and he had pleaded my case with out knowing the Registration Act fully
2) The Govt. Lawyer is also not aware of the provision and he had defended the registering officials with out knowing the Registration Act fully.
3) I am sorry, I cannot comment on the judge or the judgment so I leave it for your guess.
Now I leave it to the learned lawyers for their valuable comments and views. I have attached herewith the circular issued by the Inspector General of Registration, Tamil Nadu.
Thanks & Regards
Balaji
Raj Kumar Makkad
(Expert) 25 November 2011
You have a very good case and unfortunately despite of legal provisions in your favour, you are suffering a lot. You are advised to take help of Legal Services Athority of your area so that a free legal aid may be provided to you or you change your lawyer and discuss in detail the entire matter because after all a good lawyer has to plead your case honestly before judicial officers. so be brave and face the circumstances bravely.
Balaji Bakthavathsal
(Querist) 25 November 2011
I sincerely thank Mr. Raj Kumar Makkad and Mr. Rajeev Kumar for the moral support. My deepst regret is that when a person files a writ petition challenging a Govt. official's action, the judge should have considered the time and money spent by the petitioner and should have thought of the current corrupt Govt. officials. He should have ordered for a detailed reply from the Registrar before giving his judgment. Now, the writ having been dismissed about an year back, can I revive the Writ petition ? If so, under what circumstances and the procedure to be followed ? Also, am I permitted to argue the writ petition on my own ? Who should be approached for this and what is the procedure for arguing the case myself. Please note that I am not a lawyer.
Thanks & Regards
Balaji
