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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
To get legal opinion on Title and other aspects, mail to
Nice Information.
ReplyDeleteThe Article gives matter in simple language.
It explains how to act when entangled in problems.
Good.
Keep it up Vishal Associates
In the kanaka's case I think onus to proove lies with kanaka - practically it is difficult - assistance of police or other ways is required for kanaka to get back the property
ReplyDeleteThank you for comments.
DeleteYes, really the said Kanaka had struggle with Police and other grabbers.
But finally, when made a petition, the inquiry notice sent to the executant. In fact there is no such address in the area; so the notice was returned by the Postal officials with endorsement that "No such person; No such address".
Hence, the case was easily determined and order was passed to annul the deed.
I understand that the particular circular of the Inspector General of Registration, Tamil Nadu has been stayed. At the present time, the District Registrars are not entertaining fraudulent registration by forging documents and impersonation.
ReplyDeleteIf the details of the case are known (case number) it would be public service to share it with those affected.
R. Dhamodharan
We dont ve any info about the stay. If it is so, it is boon for cheaters.
DeleteNo Sub Registrars are knowingly entertaining fraudulent registration.
If DRs are not entertaining petition for cancellation, one can appeal to DIG or IG (R).
the circular has been stayed by madurai bench of madras high court as per reply given by igr to rti query pl visit tnsic.gov.in
DeleteWe too received the same information.
DeleteNow, the buyers have to be careful. the Lawyers have to stringent their value of scrutinising the documents and then to give opinion.
High court has upheld the legal validity of the circular and and order has been passed by Justice T Raja to this effect.
DeleteCheck out the link below
http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/registrars-can-cancel-sale-deeds-on-discovering-fraud-hc/article6278806.ece
Yes, it is good information
DeleteIs this rule applicable in Maharashtra?
ReplyDeleteSorry, this is not applicable in Maharashtra.
ReplyDeleteYou may check with Registration department or Local Lawyers there in Maharashtra.
If it is found that this type of rule is not made available, you can quote the same to Head of Registration department or Secretary to Government and suggest to proclaim similar rules.
Regards.
I too have fallen victim of few anti social element who are trying to rob my property. Detail follows. I [Mohan] bought a land of 5.89 cent from one Mr. Chandran in 1988 in Chettiar agaram, Vanagaram, Chennai. Due to my overseas employment, I could not protect my land by putting proper fence. Now I found from EC that my vendor Chandran's brother Jayaraman's sons [Mohan, Dilli & Gopal] have made a settlement deed from their father for my land and registered the same in April 2014. I have lodged a complaint in police commissioner office Anti-land grabbing cell, Egmore, Chennai and in District Registrar, Joint 1 Sub registrar office, Saidapet. However, it [the process] is taking long time to get justice for me. It would be a great help to me if someone throw some light to get speedy solution for my above problem?
ReplyDelete- Mohan,
Ph 9884973334, 9444463877.
Dear Mr.Mohan,
DeleteThank you for query. And pardon me for the delayed reply. Due to some unavoidable pre-occupation, the query could not be answered immediately.
In the present dispute on hand,
* Registration official could not do any thing.
* Police may help you somewhat and follow up them.
* Initiate a suit to declare the settlement deed executed by Sri.Jayaraman as null and void.
This is the permanent solution to you.
Thank you.
What if the buyer wants to cancel the registration??
ReplyDeleteI purchased a plot some years back and registered it under section 47A. Later got to know that the sale was through bogus documents. I have NO TITLE to the property.
I have received notice from the Registrar office to pay the balance registration charges/stamp duty.
What is the remedy to my problem? What is the procedure for me (as buyer) to cancel the registration??
Dear Mr.Sridhar,
ReplyDeleteThank you for query. And pardon me for the delayed reply. Due to some unavoidable pre-occupation, the query could not be answered immediately.
A registered document cannot be cancelled, in normal case, at the wish of the buyer or seller.
For the time being halt the payment of deficit stamp duty.
How do you say, you have no title over the property? If the vendor sold the property to you fraudulently, negotiate with him to get back the money from him. Ask him to pay the deficit stamp duty (47A).
If no settlement is arrived at, try to initiate criminal case against him. (If he is at fault).
More clarification can be given only availability of full details.
srivijayan.a@gmail.com
I think, this is really very well and informative content given about Cancellation of Fraudulent Registration. Thanks for given this information here about this blog.
ReplyDeleteproperty in malur
Thank you Mr.Shambu Kumar.
ReplyDeleteThe appreciation shall encourage us to write more articles on property law.
Thank you once again
Hi, Can DR cancel the registration in Telangana if the documents are proved fraudulent?
ReplyDeleteThis procedure is not applicable in Telengana.
ReplyDeleteThank you.
Need to know about the registration act sec 68(2)from IGR .
ReplyDeleteCan one1 plz explain..
Plz say how to confirm the document is registered in registration office ..
ReplyDeleteCan I know about the procedures to done the proper registration..
Please apply and EC for the subject property.
DeleteIf the particular document in question is reflectd in EC, it is said to be registered
In 2008 we had given a gpa but thts not coming in Ec ..
DeleteIs that registered or unregistered.
In most of states, GPA is registered in Book IV.
DeleteThe documents registered in Book-I are known as Title Deeds.
The EC reflects the documents registered in Book-I
In your case, apply for certified copy of GPA.
DeleteSub Registrar shall issue the copy of the document, what is registered.
From the certified copy, you can verify whether the GPA is registered or not.
Copy can be issued to person connected with the property or with the GPA only.
is the GPA valid for a lifetime or just for an year or so?plz explain
ReplyDeleteNormally, GPA is valid for lifetime.
DeleteHowever, the limited validity can be mentioned in the deed itself.
Celing land means ??plz explain. And can we able to do a sale on the celing land?
ReplyDeleteWhat would be the remedy if we didn't file the EP with 12 years of time after the judgement and decree from the high court for granting the property share from the ancestors property
ReplyDeleteWhat would be the remedy if we didn't file the EP within 12 years of time after the judgement and decree from the high court for granting the property share from the ancestors property
ReplyDeleteYou have extinguished your rights as per Limitation Act.
Delete12 years means a long period, what explanation or clarification, you would furnish for such a long delay.
You have extinguished your rights as per Limitation Act.
ReplyDelete12 years means a long period, what explanation or clarification, you would furnish for such a long delay.
Sir please one doubt .
ReplyDeleteIf we came to know that our registered document is fake we can able be cancel that with the help of registration department
Yes, you can.
DeleteYou have to prove that the document is fraud
In a family 7 legaliars, 1 son 6 daughter has a father's acre's vacant land, the son gave settlement deed for his sons ( grandsons) without any settlement for 6 sisters ,also with the forged document said he was an only son as legaliar.
ReplyDeletemy question is , at first how to cancel the settlement deeds.
I am victim of fraudulently conducted Sale Deed of my open land in Maharashtra. After making complaints at Registration Office, due enquiry happened and they found with confirmation of fraudulent case as the Dummy person of my name has been brought to do the Sale Deed. Now, FIR has been registered at Police as per U/S 83 of Registration Act 1908.
ReplyDeleteCan I request to cancel the fraudulently happened Sale Deed since it is proved with declaration as fraud case?
Does District Registrar has powers to cancel the fraud Sale Deed in Maharashtra? How long it takes to get the Final Court Orders as FIR procedure in Maharashtra? The Jt. Registrar is saying that they will cancel the fraud Sale Deed after the Court Orders only. Please clarify.
The TN Government made rules empowering the District Registrars to make inquiry and pass orders on fraudulent registration. regarding Maha Govt, the status is unknown.
Deletein the absence of any such rules, you can approach civil court and file suit for declaration of Null and Void of the registration. in your case, you have said that names of dummy persons have been used. under this situation, it may be easy for you to prove that the registration is fraudulent. So, the case may not take much time. So, you have to approach court only.
The case by Police is criminal case and is different from your civil case. In that case, the police shall try to find the offender and penalty/ sentence may be awarded. you need not to wait for the disposal of criminal case.
Regards.
A. Sri Vijayan
94440 48547
This comment has been removed by the author.
ReplyDeleteTo this date oct 12 2019 do the district registrars still have magesterial powers to annul fraudulent sale deeds?
ReplyDeleteI mean in regards to Tamil nadu district registrars
DeleteYes
ReplyDeleteDRs are empowered
What is the time limit to initiate the case to null and void registration of immovable property done fraudulently within family, between brothers and sisters?
ReplyDeleteThree years
DeleteI have the original land parcha/document in my late father's name. After his demise we siblings went to change the ownership but one of our plot has been taken by someone and registered in his name without our knowledge.
ReplyDeleteHow do we get our land back and registered in our name.
Could any one help my problem.My grandfather bought 20cent land from other one and he divided 20 cent land to his brother son and his son for each 10 cent many years back. After some years my sithapa fraudlantly bought patta of 20 cent in his name and later he registered the 20cent land to his son.he cheated us and fraudlantly did registration and patta. Could any one help me how to cancel the his registration .
ReplyDeleteIs there any Guideline from Central Ministry regarding Forge document cancellation power to JDR
ReplyDeleteCancellation of fraud Document is a state government matter.
ReplyDeleteIf the state government has not made any arrangements to deal with the fraudulent Registration, initiate Civil suit to declare the Registration and the deed as null and void.
What is JDR?
Please clarify.
What should a party to take legal action if house property of father has been fraudulently registered by the purchasing party.....
ReplyDeleteIf you can prove the fraud by evidences and sale happened within 12 years, you can initiate suit to declare the sale as Null and void.
DeleteIf you can prove the fraud by evidences and sale happened within 12 years, you can initiate suit to declare the sale as Null and void.
ReplyDeleteHi Vishal, Thanks a lot for posting this information and educating the public about property laws.
ReplyDeleteI'm also a victim of land grabbing through impersonation which is similar to Mrs. Kanaka's case mentioned in this article.
I gave a complaint to the District Registrar to conduct an enquiry on the fraudulent transaction with all relevant details an year back but haven't recieved a response yet.
Could you pls advise on what could be done to ensure an enquiry is conducted by the district registrar?
Please mail to SRIVIJAYAN.A@GMAIL.COM with all the relevant details.
DeleteI shall try to find any solution
Have you got the order in your favour?
DeletePlease tell the current situation.
I shall try to help you.
SRIVIJAYAN.A@GMAIL.COM
Sir I purchased a land from Poshalu he registered to me at sub registrar office but he registered another two persons same document number I am only registered first time then after he registered two fake registrations who will be right on that and also how to fake registrations cancellation
ReplyDeleteDear Surya Prakash,
DeleteIt is not possible to assign same number for two documents.
Contact the Sub Registrar in person.
Good to know. Thanks for sharing such information on fraudulent registration.
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