Circular Letter No.41530/U1/2017 dated 11.03.2022 (2022)
The Inspector General of Registration, Chennai, issued Circular Letter No.41530/U1/2017 on 11 March 2022, directing registration officials to act on cases in which a final order finds a document registration fraudulent. The circular requires an Index II entry and a note on the document copy, along with criminal action where necessary, verification by Deputy Inspectors General of Registration and regular progress reports.
What the circular governs
Circular Letter No.41530/U1/2017 dated 11 March 2022 concerns complaints about fraudulent registration and the enquiries conducted by District Registrars (Admin) under Section 68(2) of the Registration Act, 1908. It reiterates the procedure previously prescribed by the Inspector General of Registration under Section 69 of the Registration Act, 1908.
The instructions apply after an enquiry proves fraudulent registration and the District Registrar passes a specific final order. They are relevant to owners, buyers and professionals checking a document that may have been the subject of a fraudulent registration complaint.
Entries required after a fraud finding
Circular Letter No.41530/U1/2017 requires the District Registrar to direct the Registering Officer to record the finding in the relevant indexes and document copies.
Key requirements are:
- Index II must state: "The registration of document is found as fraudulent vide proceedings of the District Registrar (Proceeding no. and date to be noted) due to (the findings to be given briefly)".
- The same note must appear as a footnote in the relevant filed document copy and must be signed by the Registering Officer.
- For a scanned document, the signed note must be placed on separate white paper and linked to the main document.
- District Registrars must review all cases where final orders declared documents fraudulent and immediately add any missing Index II entries or footnotes.
- The review and correction work must be completed within 15 days, followed by a report to the Inspector General of Registration.
Criminal and disciplinary action
Circular Letter No.41530/U1/2017 states that a criminal complaint may be initiated either by the District Registrar passing the order or by the Registering Officer to avoid delay. District Registrars must review completed cases and take necessary action to file criminal complaints within 15 days.
If police action is delayed, the District Registrar must personally meet the Superintendent of Police to speed up registration of the First Information Report. Where a Registering Officer failed to follow safeguards, the matter must be reported for disciplinary action. Criminal conduct by a Registering Officer requires further action consistent with the Registration Act, 1908 and applicable rules.
Monitoring compliance
Circular Letter No.41530/U1/2017 directs the concerned Deputy Inspector General of Registration to verify the relevant register and ensure completion of Index II entries, document footnotes and First Information Reports. Case-wise progress reports must be sent once every 15 days, including the entries made 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
Can a document be marked as fraudulent merely because someone has complained about it?
No. The circular requires an enquiry by the District Registrar and applies where fraudulent registration is proved and a final order declares the document fraudulent.
Where will a fraudulent registration finding appear?
The finding must be entered in Index II and noted as a signed footnote in the filed document copy. For a scanned document, the signed note must be on separate white paper linked to the main document.
Does the circular itself cancel a document found to be fraudulent?
The circular requires entries recording the District Registrar's fraud finding. It does not prescribe cancellation of the document.
Who can file the criminal complaint after a fraudulent registration finding?
The criminal complaint may be initiated either by the District Registrar who passed the order or by the Registering Officer. District Registrars must review completed cases and take necessary action within 15 days.
