The Registrar of Property has no authority to annul registered Sale Deeds under the Registration Act, and disputes regarding their validity must be resolved in civil courts.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Writ Petition under Article 226 Constitution of India has been filed on behalf of the Petitioner for directing Respondent No.1/District Magistrate to quash the impugned Order dated 24.03.2021 and to direct the Respondents to conduct an Enquiry against Sanjeev Dawar, Sanjeev Yadav and Rajender Pal Dawar under Section 82 and 83 Registration Act, 1908.

2. Briefly stated, the Petitioner Sunil Kumar Dawar purchased property No.K-58, Punjabi Bazar, Kotla Mubarakpur, New Delhi admeasuring 37 sq. yards comprising of Ground Floor, First Floor, Second Floor and Terrace on the basis of registered Will dated 15.01.1990 in favour of Late Amar Nath Dawar and General Power of Attorney dated 15.01.1990. Shri Amarnath Dawar died on 05.04.1996 and was survived by Smt. Kaushalya Devi Dawar, his wife; Sunil Kumar Dawar, Rajender Pal Dawar and Sanjeev Kumar Dawar, the three sons and Usha Kamra and Rekha Dua, the two daughters and Amit Chanana grandson of deceased daughter Late Smt. Veena Chanana.

3. Immediately after the death of Sh. Amarnath Dawar, Rajender Pal Dawar, the elder son started fighting with other legal heirs and asserted that Late Amarnath had left a Will dated 25.03.1996 in his favour. After various meetings between the legal heirs, it was conceded by Rajender Pal Dawar that Will dated 25.03.1996 was not left by Shri Amarnath Dawar. Consequently, all the legal heirs settled their disputes by entering into a Family Settlement dated 10.06.1996 with respect to the property in question. This Settlement was recorded on a piece of paper and was agreed to be acted upon in future as they had to perform the obligation of delivering physical vacant possession of the properties of deceased, in different stages amongst each other.

4. After taking part benefit from the Family Settlement, Rajender Pal Dawar repudiated it and filed Probate Case No.291/1996 in respect of the Will dated 25.03.1996, on 14.08.1996. He was supported by Sanjeev Kumar Dawar, but was opposed by other legal heirs.

5. On 04.09.1996, Sunil Kumar Dawar along with his mother filed a Suit bearing CS No.2160/1996 for Partition, Possession and Permanent Injunction before this Court in terms of the Family Settlement dated 10.06.1996 or else for partition of the property by metes and bounds. Written Statement was filed by Sanjeev Kumar Dawar on 28.01.1997, where he denied the Family Settlement dated 10.06.1996.

6. Subsequently, vide Order dated 27.03.2006 a Civil Suit was dismissed for want of prosecution on account of miscommunication and inadvertence. The Probate Case filed by Rajender Pal Dawar also got dismissed in default vide Order dated 01.12.2000.

7. Observing suspicious conduct of Rajender Pal Dawar, the Petitioner obtained the certified copy of the Probate Petition and got the opinion from the independent Handwriting Expert. He was shocked to know that the signatures of his father on the Will were fabricated. He got FIR No.435/2003 registered against Rajender Pal Dawar. It is asserted that Sanjeev Kumar Dawar was in possession and occupation of the suit property, without effecting partition.

8. In the year 2018-19, in the light of multiple cases pending between Rajender Pal Dawar and Petitioner, Rajender Pal Dawar engaged Shri Sanjeev Kumar Yadav, Advocate.

9. On 06.02.2019 the P