IMPORTANT POINT
The Registrar of documents does not possess the authority to cancel registrations based on allegations of fraud or forgery without substantive evidence, and such matters must be resolved through civil litigation.

ORDER :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to cancel the fraudulent document registered in Doc.No.4843/2022 dated 08.09.2022 before the Sub Registrar Office, Joint II, Cuddalore on the basis of the representation sent by the petitioner dated 03.10.2022 and forbearing the respondents not to register any document in respect of property situated in Sankaranaidu Street, Sankaranaidu House, Thirupathiripuliyur in T.S.No.126, Ward No.4, Block No.3 of Cuddalore Town and District with a extent of 12,654 sq.ft., tll the disposal of the civil suit.

This writ petition is filed for a direction to the 2nd respondent to cancel the fraudulent document registered in Doc.No.4843/2022 dated 08.09.2022 before the Sub Registrar Office, Joint II, Cuddalore on the basis of the representation sent by the petitioner dated 03.10.2022 and forbearing the respondents not to register any document in respect of property situated in Sankaranaidu Street, Sankaranaidu House, Thirupathiripuliyur in T.S.No.126, Ward No.4, Block No.3 of Cuddalore Town and District with a extent of 12,654 sq.ft., till the disposal of the civil suit.

2. It is the case of the writ petitioner that the petitioner's father K.P.Gopalakrishna Naidu is the original owner of the subject property had executed a will in favour of his wife, who had executed settlement deed in favour of one of her sons. Subsequently, on the basis of complaint of one Balaj, the District Registrar cancelled the will and settlement deed on 11.06.2012, which was reversed by the first respondent vide order dated 23.08.2018. Further, through a forged General Power of Attorney, the subject property to an extent of 6256 sq.ft., is sold to the respondents 4 to 6. Hence, seeks a direction to cancel the sale deed dated 08.09.2022.

3. It is relevant to note that the object of the law of registration is to provide public notice of the transaction embodied therein. The execution of documents and its validity, the right created or extinguished is governed by the substantive law namely the Transfer of Property Act, 1882. The provisions contained in the Registration Act, 1908 relates to the factum of registration alone. The Hon'ble Supreme Court in the case of State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77 has held as follows:

“The Act only strikes at the documents and not at the transactions. The whole aim of the Act is to govern documents and not the transactions embodied therein. Thereby only the notice of the public is drawn.”

4. The practice has been developed in the recent past in Tamil Nadu to entertain the applications given by the so-called affected parties to cancel all the documents under the pretext of either forgery or fradulent transactions. The Inspector General of Registration, Government of Tamil Nadu has brought out Circular No.67 dated 03.11.20211 to deal with the fraudulent registrations through impersonation. The said circular is mainly based on the judgment of the Full Bench of the Andhra Pradesh High Court in the case of Yanala Malleshwari v. AnanthulaSayamma, reported in AIR 2007 AP 57. However, the three bench of Hon'ble Apex Court in the case of Satya Pal Anand v. State of M.P., reported in (2016) 10 SCC 767 has held that the power of the Registrar, under the Registration Act, is purely administrative and not quasi-judicial. The same is extracted hereunder:

“34. The role of the Sub-Registrar (Registration) stands discharged, once the document is registered (see Raja Mohammad Amir Ahmad Khan [State of U.P. v. Raja Mohammad Amir Ahmad Khan, AIR 1961 SC 787]). Section 17 of the 1908 Act deals with documents which require compulsory registration. Extinguishment deed is one such document referred to in Section 17(1)(b). Section 18 of the same Act deals with documents, registration whereof is optional. Section 20 of the Act deals with documents containing