சுற்றறிக்கை, கடித எண்.41530/யு1/2017 நாள்:25.03.2022
The Head of the Tamil Nadu Registration Department issued Circular, Letter No. 41530/யு1/2017 dated 25 March 2022, prescribing procedures for District Registrars investigating fraudulent document registrations under section 68(2) of the Registration Act, 1908. It adds mandatory steps to earlier guidance, including action against document writers and advocates involved in fraud, and explains how common types of fraudulent registration must be handled.
What it governs
Circular, Letter No. 41530/யு1/2017 dated 25 March 2022 governs District Registrar inquiries into complaints about fraudulent registered documents. It explains that fraud may arise when registration procedures are not followed, required evidence is not produced, or false evidence is supplied.
District Registrars are not required to decide ownership of the property during these inquiries. A fraudulent registration inquiry may continue even when a related ownership case is pending before a civil court.
Required action after fraud is found
District Registrars must take the following steps when a document is found to be fraudulent:
- Record a note about the finding in Schedule II and on the document copy. For a scanned document, a signed white sheet containing the note must be scanned and added as a link page.
- Prevent the fraudulent document from being used as a parent document for further registrations.
- Allow the genuine property owner to register documents in the proper chain.
- Give a police complaint for criminal action under section 83 of the Registration Act, 1908 against persons who helped prepare or register the fraudulent document.
- Examine the document writer or advocate who prepared the document and obtain their statements.
- Take criminal action against a document writer or advocate found to have participated in the fraud.
- Begin licence cancellation action against document writers under the Tamil Nadu Document Writers Licence Rules, 1982. The responsible authority depends on whether the licence is in category A, B or C.
- Report an advocate involved in the fraud to the Bar Council for appropriate action.
Situations covered
The procedures apply where fraud is established through impersonation, use of authority after its cancellation or after the principal’s death, repeated sale of the same property, false parent documents, patta, tax receipts, death certificates or legal heir certificates, concealment of heirs, or concealment of a civil court judgment. Holders of later documents derived from a fraudulent registration must also be examined, and appropriate orders must be passed concerning those documents.
A registered document must not be declared fraudulent solely because a false life certificate was produced while the principal was alive and the power of attorney remained valid. Criminal action should instead be directed against those responsible for the false certificate.
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Common questions
Can a District Registrar investigate a fraudulent registration while a civil ownership case is pending?
Yes. The District Registrar may investigate compliance with registration procedures without deciding property ownership, and the inquiry is treated separately from the civil court case.
Can a document found to be fraudulent be used as a parent document for another registration?
No. The District Registrar must direct that no further document be registered using the fraudulent document as its parent document.
What happens to later documents registered through impersonation or another fraudulent document?
The holders of the later documents must also be examined. Appropriate orders must then be passed concerning those connected documents.
What action can be taken against a document writer or advocate involved in the fraud?
Criminal action must be taken where involvement is established. Licence cancellation action may also be taken against a document writer, while an advocate must be reported to the Bar Council.
