Circular, Letter No. 45633/U1/2022, dated 04.01.2023
The Inspector General of Registration, Tamil Nadu Registration Department, issued Circular Letter No. 45633/U1/2022 on 4 January 2023, directing District Registrars on handling complaints and cancelling fraudulent or prohibited registered documents under section 77(A) of the Registration Act, 1908. It requires District Registrars to cancel documents found to violate sections 22(A) or 22(B), rather than directing complainants to seek cancellation through a civil court.
What the circular governs
Circular Letter No. 45633/U1/2022, issued on 4 January 2023 by the Inspector General of Registration, Tamil Nadu Registration Department, sets procedures for inquiries by District Registrars under section 77(A) of the Registration Act, 1908. The guidance follows a Madras High Court direction calling for consistent implementation of the amended provisions and supplements earlier departmental instructions on cancelling fraudulent documents.
Documents covered
Circular Letter No. 45633/U1/2022 requires an inquiry and order under section 77(A) for complaints involving:
- Documents concerning prohibited properties classified under section 22(A), including government land, Waqf Board land, Bhoodan land, Hindu Religious and Charitable Endowments Department land, local body land, Chennai Metropolitan Development Authority land and Directorate of Town and Country Planning land.
- Documents cancelled without the consent of the person who purchased the property.
- Impersonation in document registration.
- Registrations based on fake pattas, tax receipts, death certificates or legal heir certificates.
- Registrations based on an earlier fraudulent document.
- Registrations contrary to Central or State laws.
- Properties under attachment by Central or State laws, courts or tribunals.
Powers and procedure of District Registrars
Circular Letter No. 45633/U1/2022 directs District Registrars to cancel a registered document when an inquiry confirms that it was registered contrary to section 22(A) or 22(B). A confirmed case must not be disposed of by telling the complainant to seek relief through a court.
After cancellation, the District Registrar must ensure that the cancellation is noted in Schedule II of the Sub-Registrar Office records, added to the scanned document image and linked to the affected document before closing the file.
Applications received after 16 August 2022 must be handled only under section 77(A). If an application was received and an inquiry began before that date, and the document is found to be fraudulent, a fresh application must be obtained and the cancellation inquiry completed under the stated procedure. An order must not instead be issued under the earlier section 68(2) process.
Effect on owners and buyers
Circular Letter No. 45633/U1/2022 limits the inquiry to the listed categories of fraudulent or prohibited registration. District Registrars must not decide ownership disputes through this process. The circular also records that a genuine owner may proceed with a further registration concerning the property if the document presented has no other defect, despite an earlier fraudulent registration.
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Common questions
Can a District Registrar cancel a fraudulent registered document?
Yes. If an inquiry under section 77(A) confirms that the document was registered contrary to section 22(A) or 22(B), the District Registrar must cancel it and issue an order.
Will I be told to approach a civil court after fraud is confirmed?
No. Circular Letter No. 45633/U1/2022 says that, once a violation of section 22(A) or 22(B) is confirmed, the District Registrar must cancel the document and must not direct the complainant to seek relief through a court.
Does a section 77(A) inquiry decide who owns the property?
No. The inquiry is limited to complaints involving the specified fraudulent or prohibited registrations, and the District Registrar must not decide property ownership in that inquiry.
Can a genuine owner register another document if a fraudulent registration exists?
The circular records that a genuine owner should be allowed to proceed with further registration concerning the property, despite the fraudulent registration, if the document submitted has no other defect.
