Cancellation of Fraudulent Registration

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It is not possible to execute and register a cancellation deed or revocation deed as in the case of other deeds. The executant cannot unilaterally cancel the previous deeds and register the same.

It is considered that a cancellation of previously registered deed by executants is against public policy and also felt that by permitting the registration of cancellation deeds, the vendors or executants shall misuse the provisions and allowing it would amount to abuse of process of law.

The only remedy to the aggrieved party was to approach the competent Civil Court.

It was held by Courts, in relation to cancellation deed, as follows:

·        A deed of cancellation of previous transfer unilaterally executed by the transferor does not create or extinguish any right, title or interest in the property and is no effect. Hence, such a document cannot be registered.

·        Once title to the property is vested in the transferee, it cannot be divested unto the transferor by execution and registration of deed of cancellation even with the consent of the parties.  The proper course is to re-convey.

·        A fraudulent transfer can be cancelled by transferor by obtaining a decree from a Civil Court.

 A curative remedy has been made by Registration department of Tamil Nadu Government which prescribes a procedure regarding complaints related to fraudulent registration through impersonation or by producing false documents and evidences.

It is clearly stated in the recital of the procedure that a normal response of the Registration department to petitions relating to fraudulent registration is to direct the aggrieved parties to approach Civil Court. But this reply shall double jeopardize the petitioners.

Similarly, sections 82 and 83 of Registration Act provide grounds and quantum of punishment for the offences. The purpose of these sections is to punish the involved in frauds. However, mere punitive action shall not suffice and serve the objective of the Act which aims at elimination of frauds.

Thus a curative remedy is necessary not only to provide relief to the aggrieved party but also to prevent further fraud and cheating of innocent future purchasers.

In light of the above, a mandatory procedure was prescribed which confers power on District Registrar (Administrations) to make inquiry and to pass orders to annul the fraudulent registration.

The procedure prescribes that the aggrieved party shall lodge a complaint to Sub Registrar concerned, who shall forward the same to District Registrar.

The District Registrar shall issue notices to the executants(s) and witness(s) of the document challenged as fraud to appear for an inquiry. Once the inquiry is completed and if it is proved that the subject registration has taken place through impersonation or false representation, statements and admissions, the DR shall pass orders to this effect that the registration is annulled.

The DR shall complete the enquiry within two months and if the parties are not appearing for two summons, ex-parte order shall be passed.

In light of the above procedure, it is advised that the aggrieved party may prepare a detailed petition, preferably with the help of a property lawyer, giving all the facts and evidences showing the title of the petitioner and give full details about the fraudulently registered documents and clearly evidencing the fact of fraud of impersonation, false representation, admission, etc.

The recital of the petition shall be precisely prepared so as to enable the authority to form an idea about the fraud happened. All the relative documents, deeds, patta, EC are to be enclosed as exhibits which would lead to the right decision at an early stage.

As the DR deals with the cases specific to the fraudulent registrations alone, the number of cases are less as compared to that in Civil Courts. As such, a speedy recovery can be expected and ensured at a cheaper cost.

But at the same time, one shall not forget that it shall increase the work load of District Registrar and Sub Registrars too. As the cost of initiating procedure is low, it may result in increased number of complaints, most of which may become baseless and worthless.

A fee along with a refundable deposit amount may reduce the number of false claims. The deposited amount may be refunded if the claim is proved.

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