Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mohana Lakshmi   02 April 2018

Fraudulent registration of document.

I purchased a MMDA approved plot in thiruninravur village in 1982, by virtue of that sale deed I became the complete and absolute owner of the property. I have also obtained patta in my name.

Recently I went to my property and found someone had levelled the ground and was shocked to know from the nearby persons that the plots are available for sale.

The Encumbrance certificates (EC) reflected that there was a settlement deed on my plot and adjoining plot owned by my brother (2400 sq.ft + 2400 sq.ft ) registered by unknown person in his wife’s name during November 2015 who is not at all related to this property. Further the fraudulent settler has given power of attorney to another person on two occasions by cancelling earlier power of attorney. Second one was registered on 5/6/17.

I obtained the copy of the first fraudulent execution namely the settlement deed executed by that person in favour of his wife

The original purchase deed, parent documents and patta are still in my possession.

Regarding this we have given complaint to commissioner of police to take action against the fraudulent person

The complaints also give to Inspector general of registration, District registrar and Sub registrar for the forged documents.

  1. In this juncture I request proper guidance how to cancel the fraudulent document.
  2. Whether the person executed forged document can cancel the document by himself?
  3. Whether the Sub registrar have power to cancel the fraudulent document?

Please guide me to take further action in this regard.



Learning

 2 Replies

Yusuf Rampurawala   03 April 2018

File a suit in High Court for having the document declared as void and illegal. The sub-registrar has power to register a document and not a negative power of cancelling its registration. In your case once the document is declared as illegal by the court, you can issue a public notice in newspapers informing the public about the court decision. For record you can also write a letter to the sub-registrar informing about the declaration of the document registered by him as illegal by the court. Attach the court order to that letter. 

1 Like

Mohana Lakshmi   03 April 2018

 Thank you Sir for providing the guidance. Couple of more clarifications  

  1. Joint Registrar wants to see our original document so that she could try with the other party to cancel the fraudulent settlement registration. Is this possible? We are concerned about showing the original document
  2. Is our suit eligible to Chennai High Court based on the value of the property (approx. 50 lakhs)?

Regards,


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