Cancellation of Fraudulent Registration (For Non Lawyers)

To view the detailed article for Lawyers, Please Click here

One, Mrs.Kanaka purchased a land in Madippakkam in 1987 and she has not made building. As the plot was vacant for a quite long time, it attracted the land grabbers.

As a result, they forged a document purported to be the sale deed of 1987. They also created two fictitious persons, named Mrs.Kanaka and her daughter Mrs.Murugavalli. Based on the forged document, the impersonated Kanaka made a settlement deed, whereby she transferred the subject land to the fictitious Murugavalli, and registered the deed in SRO. This is fraudulent registration. Now, the original Kanaka wants to cancel the fraud deed.

Another lady, named Mrs.Subhadra, purchased a vacant land in 1990 from one Mr.Kumar, erected a building thereon and is living in that house. In 2010, a stranger visited her house and introduced himself as the agent of Kumar who sold the plot to Subhadra. He showed the Power of Attorney, appointing him as agent. He also claimed that Subhadra has not bought the plot from original Kumar. As such the sale became invalid. And he asked her to vacate from house and land.

Later, it is found that the self claimed agent was a fraudulent and the said Power of Attorney was fraudulently registered by impersonation.  Now, she wants to cancel the GPA. Otherwise, the marketability of title shall be in question.

It is not possible to register a cancellation deed unilaterally as in the case of other deeds. It is considered that a cancellation of 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, which is lengthier and costlier one.

A curative remedy has been made by Registration department of Tamil Nadu provides not only relief to the aggrieved party but also prevents further fraud and cheating of innocent future purchasers. The mandatory procedure confers power of Executive Magistrate on District Registrar to make inquiry and to pass orders to annul the fraudulent registration.

The aggrieved party shall lodge a complaint through Sub Registrar concerned to District Registrar, who shall conduct an inquiry. On inquiry if it is proved that the subject registration has taken fraudulently, 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, documents and evidences showing the title of the petitioner  

·        Full details about the fraudulently registered documents and

·        Clearly evidencing the fact of fraud of impersonation, false representation, admission, false documents and evidences

The recital of the petition shall be precisely prepared so as to enable the authority to form an idea about the fraud happened 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, the public shall not make baseless and worthless false claims and complaints as the cost of complaining is low

For further reference, suggestion, opinion, visit

www.vishalassociates.net

www.propertychennai.webs.com

To get legal opinion on Title and other aspects, mail to

legal@vishalassociates.net