Circular Letter No.41530/U1/2017, Fraudulent Registration, 2018
The Inspector General of Registration issued Circular Letter No.41530/U1/2017 dated 31 July 2018, directing District Registrars and Registering Officers how to record proven fraudulent registrations, prevent further registration based on them, permit genuine owners to register documents, and provide an appeal. The instructions follow the withdrawal of Inspector General of Registration Circular No.67 dated 3 November 2011, which was withdrawn with effect from 20 October 2017.
What the circular governs
Circular Letter No.41530/U1/2017 dated 31 July 2018 applies to complaints in which fraudulent registration is examined by District Registrars (Admin). It addresses registrations involving impersonation or false or fake documents and evidence.
Inspector General of Registration Circular No.67 dated 3 November 2011 had provided a procedure for annulling registrations where fraud was proved. That circular was withdrawn based on a judgment of the Supreme Court of India, and annulment orders passed under it were directed to be recalled.
Procedure when fraud is proved
Circular Letter No.41530/U1/2017 requires the following action where a District Registrar finds a registration fraudulent:
- The Registering Officer must be directed to file a police complaint against the fraudsters.
- The relevant indexes and copies of the registered document must record that the registration was found fraudulent.
- The index entry must identify the District Registrar's proceeding number and date and briefly state the findings.
- A corresponding footnote must be placed on the filed document copy and signed by the Registering Officer.
- For a scanned document, the signed note must be placed on separate white paper and linked to the main document.
Effect on later registrations
District Registrars must direct Registering Officers not to register documents based on a document declared fraudulent. However, the genuine owner of the property must be allowed to proceed with further registration despite the fraudulent registration concerning that property.
The recorded fraud entry is intended to prevent the fraudulent document from continuing to appear as an ordinary genuine registration in property records.
Appeal and oversight
Every District Registrar order under the prescribed enquiry procedure must state that a concerned party may appeal to the Inspector General of Registration, 100, Santhome High Road, Chennai 28, within 60 days from receipt of the order.
For orders already passed, affected parties must receive a separate letter informing them of the same appeal opportunity. Deputy Inspectors General of Registration and District Registrars must check relevant registers during Sub Registrar office visits, and District Registrars must submit detailed action taken reports to the Inspector General of Registration.
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Common questions
Can a genuine owner register a document after a fraudulent registration is found against the property?
Yes. The genuine owner must be allowed to proceed with further registration despite the fraudulent registration concerning the property.
Will a document found fraudulent be removed from the registration records?
The circular directs that the indexes and document copies be marked to show that the registration was found fraudulent. It does not direct removal of the document from the records.
Can another document be registered based on a document declared fraudulent?
No. District Registrars must direct Registering Officers not to register documents based on the document declared fraudulent.
Can I appeal a District Registrar's order on a fraudulent registration complaint?
Yes. A concerned party may appeal to the Inspector General of Registration within 60 days from receiving the order, or from receiving the separate appeal notice for an order already passed.
