Circular Letter No.41530/U1/2017 dated 11.03.2022 (11 Mar 2022)
The Inspector General of Registration, Chennai, issued Circular Letter Number 41530/U1/2017 on 11 March 2022 to enforce procedures for handling fraudulent registration complaints. It directs District Registrars, Deputy Inspectors General of Registration and Registering Officers to record proven fraud in registration records, pursue criminal complaints and report compliance.
What the circular governs
Circular Letter Number 41530/U1/2017, dated 11 March 2022, concerns complaints about fraudulent registration. The Inspector General of Registration, Chennai, instructs District Registrars (Administration) to conduct enquiries under Section 68(2) of the Registration Act, 1908, following the procedure prescribed by invoking Section 69.
District Registrars must issue reasoned proceedings after an enquiry. If fraudulent registration is proved, the proceedings must specifically direct the Registering Officer to record that finding and take the required further action.
Who is affected
Circular Letter Number 41530/U1/2017 applies directly to all District Registrars (Administration), all Deputy Inspectors General of Registration and all Registering Officers. It also matters to owners, buyers and professionals examining a document that has been declared fraudulent, because the finding must appear in Index II and in the filed copy of the document.
The circular also covers parties involved in fraud and Registering Officers whose failure to follow safeguards, or whose criminal conduct, contributed to a fraudulent registration.
Key instructions
Circular Letter Number 41530/U1/2017 requires the registration authorities to:
- Enter in Index II that the registration was found fraudulent, identifying the District Registrar's proceeding number and date and briefly stating the findings.
- Add the same information as a signed footnote to the relevant filed copy of the document.
- For a scanned document, place the signed note on separate white paper and link it to the main document.
- Review every case in which a final order has already declared a document fraudulent. Missing Index II entries and footnotes must be added immediately.
- Complete that review within 15 days and send a report to the office of the Inspector General of Registration.
- File criminal complaints in cases where orders have been passed. Criminal action may be initiated by either the District Registrar who passed the order or the Registering Officer to avoid delay.
- Have the District Registrar meet the Superintendent of Police personally if delay by the police affects the filing of a First Information Report.
Monitoring and enforcement
Circular Letter Number 41530/U1/2017 directs each Deputy Inspector General of Registration to verify the relevant register and ensure that Index II entries, document footnotes and First Information Reports have been completed. Case wise progress reports must be sent once every 15 days, including details of entries, footnotes and the persons or Registering Officers against whom a First Information Report was filed. Any delay will be viewed seriously.
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Common questions
How can I tell whether a registered document was found fraudulent?
The finding must be entered in Index II and noted as a footnote in the filed copy of the document. The entry must identify the District Registrar's proceeding and briefly state the findings.
What happens if the document is stored as a scanned document?
The Registering Officer must make the note on separate white paper, sign it and link it to the main scanned document.
Does a fraudulent registration finding lead to a criminal complaint?
The circular directs District Registrars to review cases where orders were passed and take action to file criminal complaints. Either the District Registrar who passed the order or the Registering Officer may initiate the action.
Does the circular say that marking a document as fraudulent cancels it?
No cancellation procedure is stated in the source text. The circular requires a fraud finding to be recorded in Index II and on the filed document, together with action on criminal complaints.
