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ash83 (.)     25 April 2024

To cancel sale deeds executed by fraud/misrepresentation - registration act 34 3(b)

Dear All,

One person has executed 30 plus sale deeds as GPA holder of Principal ABC (ABC is not the owner of the property) with mention of property details belonging to us.  I have traced this copy of GPA, even otherwise, that executor of sale deed is not shown as an Attorney in the GPA. GPA attorney is someone else. 

He has also executed sale deed and sold adjacent properties as GPA holder using the same above approach with mention of our property no. Land survey is done which clears shows which property the sites fall. 

1.  Since under Section 34(B) C - Registration officer was bound to verify "(c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear." 

He has failed to perform his duty, can i filed complaint before Inspector general of Stamps to conduct inquiry so FIR can be filed by them under the registration act.  

2. Can I file Write in high court of Karnataka, to set aside these sale deeds which is executed by fraud, mis presentation. 

3. Can Private land survey record be produced for inquiry and writ. 

please advise. 


 10 Replies

P. Venu (Advocate)     25 April 2024

Yes, you can pursue all the remedies as mentioned.

1 Like

T. Kalaiselvan, Advocate (Advocate)     25 April 2024

If the evidences against the sub registrar concerned are strong enough you can proceed legally against him as per provisions of law.

A writ against the sub registrar is maintainable, but since it is criminal in nature, what will be the relief that you seek against the sub registrar, instead  you may have to file appropriate suit to declare such sale deeds as null and void against the seller and implead the sub registrar as necessary party to the suit.

You may have to be equipped with the government surveyor to substantiate your case.

1 Like

Shashi Dhara   25 April 2024

Lodge complaint against them.

1 Like

ash83 (.)     26 April 2024

Thanks for replies.

1. In writ,  I can we get order that these sales are null and void and get that order registered, so that in ec this order of high court wil reflect who ever want to purchase as cancellation is not possible in writ.


2. Is there any limitation to file writ or complaint before IGR. These transactions has come.to knowledge when EC was applied. Some sale have happened 20 years back and some sale have happened 5 years back. Please advice.. this is a clear case of fraud 

T. Kalaiselvan, Advocate (Advocate)     28 April 2024

In my opinion a writ petition agaisnt the egistrar may not be legally tenable because the sub registrar cannot be held responsible for the fraudulent activity of the party, however you can approach civil court for remedy in this regard.

The oirders in the writ petition cannot reflect in the EC 


1 Like

ash83 (.)     28 April 2024


Writ jurisdiction has been clearly explained in this video by senior adv sir. Many people refer to civil case which is lengthy process. 

Dr. J C Vashista (Advocate )     29 April 2024

Writ has no limitation. However, when the fraud came in the knowledge of petitioner(s) ?

Have you collected all the sale deeds stated to have been registered by impersonation by Attorney as well as grantor of such GPA?

Fruadulant transaction can be declared as null and void (any time) by instituting a suit for declaration before jurisdictional civil court. Instead of moving in a writ (where powers Court in a writ are limited) it is better to file a civil suit, if you agree with me. 

1 Like

ash83 (.)     29 April 2024

Sir I have filed for inspection of records in sub registrar under rti act.

I have obtained all 30 sales deed under rti act. 4 months before and index ec also issued under rti act.

He has also used the fabricated gpa to even obtain jurdgement in certain os suit.. I have filed for certified copy of gpa which is marked as exhibits in That os suits  and have obtained the copy of gpa.




P. Venu (Advocate)     29 April 2024

Has purchasers in any of these sale deeds been put in possession/occupation of the respective properties?

1 Like

ash83 (.)     29 April 2024

Some are vacant sites and some have put up building. 

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