Circular, Letter No.41530/U1/2017, dated 8.11.2017

Purpose and scope

Circular Letter No.41530/U1/2017, issued on 8 November 2017 by the Inspector General of Registration of the Tamil Nadu Registration Department, addresses complaints about fraudulent registrations resulting from registering officers not following prescribed procedures. It withdraws Circular No.67 dated 3 November 2011 and requires District Registrars (Admin) to conduct enquiries under Section 68(2) of the Registration Act, 1908.

The relevant safeguards include verification of the encumbrance certificate and original title deed, obtaining the life certificate of the principal, and ensuring proper attestation of erasures or alterations in a document.

Complaint and enquiry procedure

The District Registrar (Admin) must:

• Receive petitions from aggrieved parties and enter them in a Register of Complaints.
• Record the applicant's details, document number, Sub Registrar office, and details of executants, claimants and witnesses.
• Issue notices to executants and claimants, and to witnesses where necessary.
• Enquire into the conduct of the registering officer.
• Call for Revenue Department records and summon the Village Administrative Officer with village accounts where needed.
• Complete the enquiry within two months and issue a reasoned order recording the findings.
• Send summons and the final proceedings by Registered Post with Acknowledgement Due.

If parties fail to appear after more than two summons, the District Registrar (Admin) may pass an order based on the available documents, evidence and witnesses.

Limits of the District Registrar's powers

The enquiry under Circular Letter No.41530/U1/2017 is limited to fraudulent registration caused by a registering officer failing to follow instructions, circulars, the Registration Act, 1908, or applicable rules. The District Registrar (Admin) cannot use the enquiry to decide ownership or title.

The circular also states that registration authorities cannot cancel a document after it has been registered. Section 68 provides supervisory powers over acts or omissions of subordinate Sub Registrars and permits rectification of errors concerning the book or office of registration, but it does not provide a power to cancel registration.

Action against registration officials

If non-adherence to safeguards caused a fraudulent registration, the District Registrar must report the facts to the Deputy Inspector General of Registration for disciplinary action. If criminal conduct is found, further action must be taken under the rules in force and consistently with the Registration Act, 1908. The Deputy Inspector General of Registration must periodically review these cases and inspect the Register of Complaints.