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awadheshjha   20 February 2016

Registration act section 82 & 83 - procedure to file case

Respected Members,

I am looking for assistance to understand the procedure to file a complaint/case in the office of sub registrar of registration and stamps in Maharashtra state under section 82 & 83 of Registration Act.

Background of case 

Housing society signed a lease agreement for 10 years with a mobile tower company for installation of mobile tower on terrace of housing society.

Society secretary and Chairman created a fake general body resolution with forged signatures, authorising them to execute lease agreement on behalf of society. Also mobile tower company claimed in lease agreement that they have all the equisite permission from local authority for such installation. However from an RTI reply, Municipal Corporation provided with details that application for mobile tower in the said society has been specifically rejected and such information were already provided to mobile twoer company.

There were no AGM took place for installationof tower. There were no resolution ever proposed or passed in any of the general body meeting. Minutes book as per society record has no mention of any such proposal or installation or resolution.

Advice required:

A case of forgery, cheating and criminal breach of trust has already in process to be filed as private criminal compalint.

I am looking for advise on hw to file complaint with sub registrar office ( where this lease agreement was registered) u/s 82&83 of Registration Act.

Is there any specific format like court cases or a simple complaint letter providing all the facts and documentary evidences will suffice?

Also do sub registrar has authority to cancel such lease agreement?

would appreciate your advise.

 

best regards,

Awadhesh

 



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