Document fraud and cheating


Hi Experts,

One of my friend family members made registration of his house in 2015 and now there relative calming in property and issued advocate legal notice to concern SRO to take legal action on my friends family members under fraud, cheating and misrepresentation in execution of registration..

Does SRO can cancel registration of house on advocate legal notice and can he take legal action & police investigation against my friends family under IPC.

Please advise. 

 
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Advocate

State the facts clearly .The registration authority have no power to cancel the Sale Deed with mere notice.


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SRO neither has power to cancel the registered document nor can take any legal action against executants of document only civil court has power to cancel the registered document on ground of coircion or fraud.


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Retired employee.

A legally enforceable and valid document can only be canceled by the court, on such declaration suit pleading fraud by the right /proper person within the limitation period.  If it is not a fraudulent transaction, the same may be denied by the person that is having the title.


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Advocate

SRO cannot cancel the registration even if it is found to have been  registered fraudulently by the party.

The legal notice issued to the registrar cannot fore the SRO to cancel the registration already done.

They may have to approach court for cancellation of the registered document for the reasons they rely upon in which you case you can challenge the same on merits and on the support of the documentary evidences.

Since it is a civil case, the police will not entertain any complaint made by the opposite party in this regard. 


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Experts I really appreciate your quick response to any query... Thanks a lot for your valuable information 🙏👍

 
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Lawyer

Legal notice is no authority for SR to cancel a registered document, which has to be directed by competent court of jurisdiction.

It is better for your so-called "Friend's Family" to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding, if it is a true story.


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Advocate

Admittedly, it is only that a legal notice has been issued; the SRO has not taken any action on the said notice. As such, is not the query premature, especially when you are raising the query based a third party's version?

You have been informed by the third party that "to take legal action on my friends family members under fraud, cheating and misrepresentation in execution of registration." it could very well be that your friend has, in deed, indulged in such acts. If so, he should face the consequences. It appears that he has prevailed upon you to make misrepresentation on this platform so that the various participants, out of their good will, offer so many suggestions which could be useful for your alleged friend in protecting himself against his wrongdoing.

Moreover, has your alleged friend provided access to the so-called legal notice? In all probability, NO; in fact, it is unlikely that there is no such legal notice.

You had, in another thread, informed us as follows:

"I am a social person and many people connect me with different legal issues in my family and friends therefore i just try to aware them the legality through this wonderful platform and i am also enhancing my knowledge in the world of Law."

You are welcome. We would try our level best in offering in meaningful suggestions. However, there is a corresponding and strict obligation on your part to confirm the veracity  of the information provided by third person. If not, this platform would be rendered a safe haven for speculative posting and would be brought down a rung or two in its stature as a "wonderful platform". 


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@ P. Venu Sir,

Reply to your Para No1 It is not true to say premature query Infact when my friends relative send the legal notice to SRO for cancelation of deed and also to take legal action under IPC he also copy to my friends family members..

Reply to your Para No. 2 it is not correct to say that It appears that he has prevailed upon you to make misrepresentation on this platform so that the various participants, out of their good will, offer so many suggestions which could be useful for your alleged friend in protecting himself against his wrongdoing infact Notice to SRO was issued just to extract money from my friends family members and yes my friend is one of the eye witness in the document and it is not correct to say him wrongdoer and yes it is true that I am posting this query to get more suggestion from experts participant not to safe the wrongdoers but to aware them to tackle with such frivolous unavoidable circumstances with basic knowledge of law.

Reply to your Para No. 3 it is not true to say that there is no such legal notice infact my querys are not a imaginary stories and i have viewed legal notice personally and it does exists and after looking the legal notice only i have posted the facts in short in this wonderful forum for experts valuable advise.. 

hope i have clarified your above mention points.

Thanks and Regards.

   

 
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Advocate

Once the document is registered, it is not open to any Authority, under the Act of 1908, to cancel the registration, the Bench held.

The Supreme Court in Satya Pal Anand vs. State of M.P, has held that once the document is registered, it is not open to any authority.

On 26th October, 2016, in the case of Satya Pal Anand vs State of M.P & Ors. [Civil Appeal No.6673 of 2014], a three Judge Bench held that once a document is registered, it is not open to any Authority, under the Registration Act of 1908 to cancel the registration. “The remedy of appeal provided under the Act of 1908, in Part XII, in particular Section 72, is limited to the inaction or refusal by the Registering Officer to register a document. The power conferred on the Registrar by virtue of Section 68 cannot be invoked to cancel the registration of documents already registered.”

 

 
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