Circular No. 03/2023
Circular No. 03/2023, issued by the Head of the Tamil Nadu Registration Department through Letter No. 36330/U1/2023 dated 29 September 2023, directs District Registrars (Administration) not to conduct inquiries on petitions under Section 77A of the Registration Act until the Larger Bench gives its decision. The direction applies across Tamil Nadu to documents registered both before and after 16 August 2022.
What the circular does
Circular No. 03/2023 of the Tamil Nadu Registration Department pauses all inquiries by District Registrars (Administration) into petitions received under Section 77A of the Registration Act. The pause continues until the Larger Bench gives its decision.
The circular concerns complaints involving land grabbing, fraudulent documents and inquiries into documents under Section 77A. It does not decide whether any particular document is fraudulent, valid or liable to be cancelled.
Why inquiries have been paused
The Madurai Bench of the Chennai High Court referred several questions concerning Section 77A to a Larger Bench. The questions include:
- Whether registration authorities can examine statements contained in a registered document and decide that the document was fraudulently executed or registered.
- Whether a challenge based only on statements in a document requires a civil suit to set aside the document, or whether the Sub Registrar can cancel it under Section 77A.
- Whether the Section 77A power is limited to documents registered in violation of Sections 22-A or 22-B of the Registration Act, 1908.
- Whether Section 77A can apply retrospectively or only prospectively.
The court directed registration authorities not to proceed until the Larger Bench decides these questions. Another Chennai High Court order reiterated that District Registrars across Tamil Nadu must not take further action on Section 77A applications until the final decision.
Who is affected
The circular directly affects:
- People who have submitted or plan to submit a Section 77A petition about an allegedly fraudulent registered document.
- Property owners or buyers whose documents are challenged through a Section 77A petition.
- District Registrars (Administration), who act as inquiry officers under Section 77A.
- Sub Registrars involved in action concerning such petitions.
Practical effect
District Registrars (Administration) must not conduct any inquiry on Section 77A complaint petitions while the Larger Bench decision is pending. The restriction covers documents registered before 16 August 2022 and documents registered after that date.
The circular records that the Additional Advocate General advised that District Registrars throughout the State should take no action on complaints received under Section 77A.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a District Registrar currently investigate my Section 77A complaint about a fraudulent document?
No. District Registrars (Administration) have been instructed not to conduct any inquiry under Section 77A until the Larger Bench gives its decision.
Does the pause apply to a document registered before 16 August 2022?
Yes. The instruction applies to documents registered before 16 August 2022 as well as documents registered after that date.
Does Circular No. 03/2023 cancel a disputed property document?
No. Circular No. 03/2023 pauses Section 77A inquiries and does not decide whether any individual document should be cancelled.
Why are Section 77A applications not being acted on?
The Chennai High Court referred questions about the scope and application of Section 77A to a Larger Bench and directed registration authorities not to proceed until a final decision is given.
