Various Frauds - Impersonation

Various Frauds

Let us see, what impersonation is?

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 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.
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