Circular Letter No. 41530/U1/2017, Fraudulent Document Registration and Withdrawal, 20 October 2017

What the letter changes

Circular Letter No. 41530/U1/2017 of the Tamil Nadu Registration Department withdraws Circular No. 67 dated 3 November 2011. The subject covers complaints about fraudulent document registration, cancellation of registrations and withdrawal of the circular. It also reproduces or reviews several earlier departmental directions intended to prevent impersonation, forged documents and land grabbing.

Who is affected

Circular Letter No. 41530/U1/2017 is relevant to property owners, buyers, sellers, agents acting under powers of attorney, witnesses and registration officers. It is particularly important where a complaint alleges that a sale deed, power of attorney or other registered document is forged or was executed by impersonation.

Identity and document checks

The reviewed departmental guidance requires registration officers to verify original identity evidence for parties executing or receiving documents. The listed evidence includes:

• Voter identity cards, passports, driving licences and income tax identity cards.
• Family ration cards for identification of the family head.
• Government or public body employee identity cards.
• Bank or post office passbooks carrying photographs.
• Student identity cards, arms licences, pensioner identity cards, disability certificates and freedom fighter identity cards.

Bus or railway travel identity cards were later removed from the approved list. The same verification approach applies to agents executing documents under general or special powers of attorney. Verification once in a day is sufficient for documents presented by the same person on that day.

Property and complaint scrutiny

The reviewed guidance tells registration officers to check whether a sale document contains supporting ownership particulars, such as previous registration details or a patta number. Survey number, subdivision number, area and four boundaries should clearly identify the property and should be compared with the A Register and guideline register.

For complaints alleging a fraudulent registration:

• The District Registrar should inquire into the complaint by examining document parties and witnesses.
• Police action should be initiated where the inquiry finds adequate supporting evidence.
• Earlier guidance stated that the Registration Department had no authority to cancel an already registered document and that the complainant should seek relief from the appropriate court.

Powers of attorney

The reviewed guidance states that a power of attorney may be registered either where the property is situated or where the principal resides. It also stresses registration and authentication before a Sub Registrar as safeguards against fraud. Special supporting certificates may be used where the principal lives away from the permanent residence, subject to close scrutiny.