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S. M. SUBRAMANIAM
Bairose Banu Jamal – Appellant
Versus
Inspector General of Registration, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records on the file of the second respondent vide his proceedings Na.Ka.No.2299/A1/2021 dated 11.11.2022 and quash the same.)
1. The order passed by the District Registrar under Section 77-A of the Registration Act, 1908 and the Appellate Order confirming the order of the Original Authority under Section 77-B of the Registration Act, 1908, are under challenge in the present writ petition.
2. The fourth respondent filed a complaint under Section 77-A of the Registration Act, 1908 to cancel the Sale Deeds, which were allegedly registered fraudulently. The District Registrar of Registration Department holding the jurisdiction conducted an enquiry by affording an opportunity to the parties and hold that the documents were registered fraudulently and consequently cancelled the said documents.
3. The writ petitioners have preferred an appeal under Section 77-B of the Registration Act, 1908 and the Appellate Authority, namely the Deputy Inspector General of Registration, Registration Department, Chennai has confirmed the order passed by the District Regist
The fraudulent registration of Sale Deeds under the Registration Act, 1908 and the jurisdiction of the Civil Court to establish property title.
The power to declare a registered document as fraudulently registered deeds lies with the Civil Court and not the registering authority.
The power to cancel a document under the Registration Act, 1908, is limited, and civil disputes should be adjudicated by the Competent Civil Court of law.
The District Registrar can cancel a document under Section 77-A of the Registration Act, 1908, only in cases of fraud and impersonation apparent on the face of the record. Civil disputes between part....
The District Registrar lacks authority to nullify registered documents under the Registration Act, with such powers vested only in civil courts.
The court holds Section 77A of the Registration Act unconstitutional and quashes the related order, allowing parties to seek recourse through Civil Court.
The central legal point established in the judgment is the limitation on the powers of the District Registrar and the need for adjudication of civil disputes by the Competent Civil Court of Law.
Section 77A of Registration Act struck down; registrars cannot cancel fraudulent deeds; pursue civil court or police complaint.
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