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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr Justice N. Anand Venkatesh, J
R.amsaveni – Appellant
Versus
Managing Director Tamilnadu Housing Board – Respondent
ORDER :
This writ petition has been filed challenging the proceedings of the 3rd respondent dated 12.06.2020 and for a consequential direction to the 3rd respondent to rectify the error committed by the 4th respondent in registering the Sale Deed dated 02.02.2009 and for a further direction to the 2nd respondent to register the Sale Deed in favour of the petitioners.
2. Heard Mr.M.Roshan Atiq, learned counsel appearing on behalf of the petitioners, Mr.D.Veerasekaran, learned Standing Counsel appearing on behalf of the respondents 1 and 2, Mr.B.Vijay, learned Additional Government Pleader appearing on behalf of respondents 3 and 4 and Mr.J.Franklin, learned counsel appearing on behalf of the 5th respondent.
3. The husband of the 1st petitioner submitted an application for allotment of housing plot before the 2nd respondent. Based on the same, allotment order was passed on 23.11.1992 and Plot No.MIG3504 was allotted in the name of the husband of the 1st petitioner. The total cost was fixed at Rs.85,500/- The further case of the petitioners is that the 1st petitioner's husband paid all the instalments and he was entitled to get the Sale Deed executed in his name. However, he died on 21.0
Fraudulent documents lack legal standing and must be annulled, with rights passing to legal heirs of the original allottee.
Fraudulent sale deeds executed without consideration are null and void, and legal heirs of the original allottee are entitled to property rights.
Registration authorities cannot cancel registered sale deeds; only Civil Courts can adjudicate fraud claims.
Registration Department cannot cancel registered sale deeds alleging fraud; civil court jurisdiction required for title adjudication.
Court directs Sub-Registrar to decide on registering cancellation deed of bogus sale deed within four weeks.
Fraud vitiates all proceedings, and any document created under fraudulent circumstances is null and void.
The Registration Department lacks authority to cancel registered documents; petitioners must approach civil courts for such matters.
Ownership disputes over property transactions must be adjudicated in a civil court, not through cancellation by a registering authority.
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