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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr.Justice Anita Sumanth, Mr.Justice C. Kumarappan, JJ
Indira Rajendran – Appellant
Versus
Managing Director Tamil Nadu Housing Board – Respondent
JUDGMENT
(Delivered by Dr.ANITA SUMANTH.,J)
We have heard Mr.T.Dharani, learned counsel for the appellant, Mr.AM.Ravindranath Jeyapal, learned counsel for the Tamil Nadu Housing Board/R1 and R2 and Mr.K.Karthik Jagannath, learned Government Advocate for R3 and R4. In light of the order that is proposed to be passed now in this Writ Appeal, no notice is thought necessary to R5 and R6 who are Writ Petitioners in W.P.No.15016 of 2021. The parties are referred to as per their rank and array in this appeal.
2. There is some history to this matter. One Rajendran had been allotted a property at MIG 3504 in the sanctioned plan, Ganapathy Phase III, S.F.No.41 (part), Ganapathy Village, Coimbatore ad measuring 180 sq.m. ('property'/'subject property') under an allotment order dated 23.11.1992 issued by the Tamil Nadu Housing Board. He passed away on 21.09.2023.
3. While so, the authorities of TNHB had executed a Deed of sale dated 02.02.2009 registered as document No.687 of 2009 on the file of the Sub-Registrar of Registration, Ganapathy, Coimbatore District relating to the subject property in favour of the appellant. W.P.No.10251 of 2014 thus came to be filed by R5 and R6 praying for a mandamus
Fraudulent sale deeds executed without consideration are null and void, and legal heirs of the original allottee are entitled to property rights.
Fraudulent documents lack legal standing and must be annulled, with rights passing to legal heirs of the original allottee.
Fraud vitiates all proceedings, and any document created under fraudulent circumstances is null and void.
Registration Department cannot cancel registered sale deeds alleging fraud; civil court jurisdiction required for title adjudication.
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