High court ruling on sale deed registration

Dear Mr. Bala,

      I already posted the copy of the High Court Order in this forum. Please check the link https://www.lawyersclubindia.com/forum/High-court-of-madras-order-on-the-circular-of-ig-registrar-106575.asp#.U-EJj-OSySo 

Thanks & Regards

Balaji

Another interesting related link. 

Posting the link here thinking that it may be of use to anyone.

https://indiankanoon.org/doc/397599/

Thanks CJ for sharing the link.

Regards

Balaji

Dear sirs,

We got a court order cancelling the fradulent registrations done on our land.

Even with this court order, the registration departments are not ready to cancel. They are just saying that they will enquire into the fraud acts. Even after we complained to land grabbing cell, they are not acting on this. Looks like the opponents have fully blocked all these  places from where we were expecting to get justice.

Could you please suggest what can we do in this situation?

Thanks,

CJ

Dear CJ,

You have not mentioned where the incident took place. Which court has ordered for cancellation and which Registrar is refusing to obey the court order. If the Registrar disobeys, then it is contempt of court and you can file a suit on him for contempt of court. Please give more details about the Court and Registration jurisdiction. I am at Chennai and I am prepared to help you. However, I wish reiterate that I am not a lawyer but can provide guidance as how to approach and whom to approach where to approach etc. Feel free to contact me 9444448455.

Regards

Balaji

Dear Balaji sir,

Thank you very much for your response.

I am not comfortable to put the details here as the opponents are very cunning. 

I will definitely give you a call. Also I'm surprised that you are NOT a lawyer. :)-

I was wondering what poor illeterate people will do, if many of us are suffering like this.

There are some incidents that I heard where people like this who grabbed land later got dumped into bank ruptcy and had to sell the land and go else where. So, even if people win temporarily they will not win for life. There is a Divine Judge.

Thanks and Regards,

CJ

I personally feel Registration act 1908 is enough to solve fradulent registrations provided registrar should act bravely for ur references i quote following judgements..irony is registrar throw the parties to civil suit...

sec 83 confer the statutory powers upon the registering officers to file a criminal case against the persons who are involved in fraudulent registration through impersonation or other means, Hence filing a FIR is a statutory duty of the registering officer when such complaint is received. Similarly section 32 of act provides for the grounds for action under sec 83 of act and the quantum of punishment for the offences.

Andhra Pradesh high court (A/R2007) has observed in “yanala malleswari vs ananthalu sayamma” case that court did not see any prohibition for the registering authority to cancel sale deed earlier registered, which is likely to cause prejudice to the rightful owners as well as entire public at large.

In the same judgment, the honorable high court has observed that

“It is thus law of the land that even administrative authorities have inherent powers to recall or revoke their own order if such order was obtained by playing fraud on such public authority”

The judgment also refers to the observation of the honorable Supreme Court in the case of “Indian bank vs Satyam fibers India pvt ltd”. Which is as follows:-

“Inherent powers (to recall or revoke their won orders by the administrative authorities if the same was obtained by playing fraud on such public authority) spring not from legislation but from the nature and conservation of the authorities, to enable them to maintain their dignity, secure obedience to process and ensure transparency.

Finally they have opined as follows:-

“In the considered opinion of this court if a person sells away the property belonging to other, it would certainly be fraud on the statute. It would be adding insult to injury, if such person is asked to go to civil court and get the subsequent sale deed cancelled or seek a declaration.”

I am from Coimbatore, Tamil Nadu and I had purchased property during 2007. The possession and enjoyment of property right from the date of purchase was with me.  Patta, House property Tax, EB, Water Tax etc., are in my name. During 2012, we had applied for encumbrance certificate. We came to know some fraudulent transactions were took place during 2009. Some person had made fraudulent registration for getting money by Encumbering the property.

During 2012 itself, we had made complaint with District registrar to cancel the fraudulent transactions as per the Inspector General of Registration circular no 67 dated 03.11.2011. The District registrar had made an enquiry and passed order to take legal action against the fraudulent person. But cancellation of fraudulent transaction was with hold as per writ order of Honorable High Court of Madras. From since, we are trying to cancel the fraudulent transactions; but we are not getting any fruitful solutions.

Plse suggest me  (I) Current status of the circular 67  (II). Whether the District registrar is having power to cancel the fraudulent transactions (III). Plse suggest any solution for cancellation of fraudulent transactions without going to court.

Dear Sir (Prakash)

If u want to cancel the allged fraduland deed then u have to file a civil suit u/s-31 of Specific Releief Act. The District Registrar has no statutory power to cancel any previously registered document. Moreover u can file the crminal complaint against the executant, calimant & the persons involved in the preparation of the document. There is no statutory provision for cancellation of any document other than appraoching the proper Civil Court. 

Thank you Mr. Bakthavathsa for your posting. I am hoping this will help resolve my 80 Year old Dad who is been going from pillar to pillar to register is own land.

If I may ask, are you aware of any situation where Court advises the MRO/DRO/Revenue officials that partition deed can be accepted as an exception even if the registration is not done. Registration was not done because the two brother who have signed the agreement are not showing up. MRO rejected the partition deed for non regiatration and advise to settle by approaching Civil Court. Just this Friday (6/17/2016) I got the "value of property" certificate. Now

Regards,

Srinivas

Curcular No. 67 issued by the Inspector General of Registration is not dead. This circular empowers district registrars to investigate and annul fraudulent sale/transfer deeds and registrations. I found that in March 2016, a writ petition was heard in the high court related to this. The petitioner complained about inaction from the registrar (South Chennai, Pallavaram) on a land grabbing situation on which the registrar was not acting. The court directed the registrar to investigate and issue appropriate orders within 12 weeks. The basis of this court directive was circular No. 67. Case link: 

https://indiankanoon.org/doc/78640761/

Those who are facing inaction from the registrar's office can take this approach of filing a writ petition. The petition is not a case to decide the title dispute in court but to make the registrar act using powers bestowed under Circular No. 67.

Dear Mr.Balaji Bakthavathsal, you says you are not a advocate but all the experience comes from you like a senior most advocate, i also suffering lot aginst fraudulent person and land grabbers ,it is very helpfull for me your comments and suggestion. i am stying in chennai only ,i got your phone no i will call you later ,thanks a lot ....