Circular, Letter No.41530/U1/2017 dated 9.4.2018
The Inspector General of Registration issued Letter No.41530/U1/2017 dated 9 April 2018, directing District Registrars to rescind document annulment orders made under Circular No.67 dated 3 November 2011, which had been withdrawn. The circular also requires corresponding Index II entries, communication to registering officers and an action taken report to the Inspector General of Registration.
What the circular does
Letter No.41530/U1/2017 dated 9 April 2018 addresses registrations previously annulled by District Registrars under Circular No.67 dated 3 November 2011. Circular No.67 had provided a procedure for complaints alleging fraudulent registration through impersonation or false documents, evidence, statements or admissions.
The Inspector General of Registration had already withdrawn Circular No.67 with immediate effect through Letter No.41530/U1/2017 dated 20 October 2017. The withdrawal was based on a judgment of the Supreme Court of India in Civil Appeal No.6673 of 2014.
Rescinding earlier annulment orders
Letter No.41530/U1/2017 dated 9 April 2018 states that annulment orders passed by District Registrars under the withdrawn Circular No.67 are also deemed withdrawn. It directs the responsible District Registrars to:
- Issue proceedings rescinding the annulment orders they had passed.
- Communicate each rescinding proceeding to the concerned registering officer without delay.
- Ensure that the registering officer makes the required entry in Index II.
- Send a consolidated action taken report to the Inspector General of Registration on or before 30 April 2018.
The prescribed Index II entry must state that the annulment recorded under the earlier District Registrar proceeding is rescinded under the later District Registrar proceeding. Both proceeding numbers must be noted.
Procedure for fraud complaints
The Inspector General of Registration had directed District Registrars, through Letter No.41530/U1/2017 dated 8 November 2017, to verify complaints concerning fraudulent registration by conducting an enquiry under Section 68(2) of the Registration Act, 1908. That mandatory procedure was prescribed by invoking Section 69 of the Registration Act, 1908.
District Registrars must pass a speaking order through formal proceedings and communicate it to the petitioner by RPAD. Petitions received under the withdrawn Circular No.67 were to be returned to the petitioners by RPAD with an intimation that they could not be taken up under that circular.
Who may be affected
The directions principally apply to District Registrars and registering officers. They may also affect petitioners and people connected with documents whose registrations were previously shown in Index II as annulled under Circular No.67, because the annulment entry must now be marked as rescinded.
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Common questions
What happens if my document was annulled under Circular No.67 dated 3 November 2011?
The relevant District Registrar must issue proceedings rescinding that annulment. The registering officer must then record the rescission in Index II.
Does the earlier annulment entry disappear from Index II?
The circular requires a further Index II entry stating that the earlier annulment is rescinded. It does not direct the registering officer to delete the earlier entry.
Can a fraudulent registration complaint still be enquired into?
District Registrars were directed to verify fraudulent registration complaints through an enquiry under Section 68(2) of the Registration Act, 1908, following the procedure prescribed by invoking Section 69.
Will the petitioner receive the District Registrar's decision?
Yes. The District Registrar must pass a speaking order through proceedings and communicate it to the petitioner by RPAD.
