Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sowmya Ramesh Kumar M (House Wife)     11 October 2014

Is this regestration valid ?

Sir,

My name is Sowmya, Andhra Pradesh.

I have some properties registered in my name by my grand father. I married to an other caste person in 2008. My father and family relatives, with the help of police coerced me to sign on documents to transfer my property to them in sub-registrar office, ELURU, our district capital, in Andhra Pradesh.  where so called police counselling was held. ( Actually it was simply threatening by police and my family and relatives). The documents were stamped back side by that office and some details were filled. They took my electronic photograph and thumb impression. They thought that their objective was fulfilled and left me to go. But registration was not done there, because that property or part of it, does not lie under that sub-registrar jurisdiction. It was on 16-07-1008.

     On the next day, they took those yestar days documents to Bhimavaram Sub-registrar office, the actual jurisdiction and got it registered. All this with out my presence there. Then, I was very far away from them to save my life and marriage. It was on 17-07-2008. 

               I took a CC of that document and other details. That Bhimavaram Sub-Registrar stated that I was presented in his office on 17-07-2008, which was false. They simply used yestar days documents which bears my sign. They erased some yestar days stamps. Also they placed Bhimavaram SR seal exactly on Eluru seal to hide Eluru seal, but result absolutely no visibility in seals.

Sir, What shall I do now? Is it lawful to do registration with out my presence in that SR? My signs in that document were actually in some other SR (Eluru), that too under police coercion. Eluru is our district capital and place of District Registrar. I signed in Sub-Registrar office of Eluru.

I think, this is fraud perpetuated by my family, police and Sub-Registrar Office.

I am now with two children, a house wife with a small earning husband. It would be a good help to my children if I could regain my property. Any chance? Please Advise.

 

                                  

 



 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     11 October 2014

author ji,    

as per information given by you, it is understood that the document registered at ELURU is a Power of Attorney to do all acts and the documents registered at Bhimavaram might have been transfer of property.  if you have the copies of the above documents registered at Eluru and Bhimavaram, scan them both sides and mail them for verification.  kavksn,  Sub Registrar/Supdt.(retd), R/o vzm.  kavksn@gmail.com

Sowmya Ramesh Kumar M (House Wife)     15 October 2014

Thank you for your suggestion. 

Sir, I obtained CCs of that document from Bhimavaram. They were registered by someone as my agent under special power of attorney. There were no documents registered at Eluru. I confirmed it. ( I asked in Eluru SR).

Now, I pressume that that Special Power of Attorney was registered at Bhimavaram.

I did not remember whether I signed on such document at Eluru. I believe, No.

But It was authenticated by Sub-Registrar of Bhimavaram to register documents.

How can sub-registrar register and authenticate that SPA with out my knowledge and presence. 

I want to take copy of that SPA. But, then I proceed in it within 4 months as per Chapter30, rule 1 of Ap rules under registration Act?  Proper Office for Re-Registration:-

Section 23A of the Registration Act, 1908 provides for re-registration of

a document accepted for registration by a Registrar or a Sub Registrar

from a person not duly empowered to present the same and has been

registered. In such a case, any person claiming under such document

may, within four months from his first becoming aware that the registration

of such document is invalid, present such document or cause the same to

be re-registration in the office of the Registrar of the district in which the

document was originally registered and the Registrar.......

I can't involve myself in such trouble right now. Because it is very dangerous.

that the document was so presented earlier by a wrong person, should

proceed to re-register the document as if it has not been previously

registered and as if such presentation for re-registration


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query