Circular, Letter No.20217/U1/2021, Fraudulent Registration Enquiries
The Inspector General of Registration in the Commercial Taxes and Registration Department, Tamil Nadu, issued Letter No.20217/U1/2021 on 9 July 2021, directing registration officials to record final findings of fraudulent property registration in Index II and the relevant document copies. It also requires officials to prevent further registration based on a fraudulent document while allowing the genuine owner to proceed with registration, and confirms that the earlier Circular No.67 dated 3 November 2011 had been withdrawn.
What the circular governs
Letter No.20217/U1/2021 dated 9 July 2021 governs how District Registrars and Deputy Inspectors General of Registration must handle enquiries into complaints about fraudulent registrations. These enquiries may concern impersonation, forged pattas, or false or fake documents and evidence.
The instructions follow an order of the Madurai Bench of the Madras High Court. The court directed that a final order declaring a transaction fraudulent must be recorded in the relevant register and reflected in the Encumbrance Certificate, so that buyers and other third parties are not misled.
What registration officials must do
When a competent authority finds a transaction fraudulent and the finding becomes final:
- The District Registrar or Deputy Inspector General of Registration must issue a reasoned written order through formal proceedings.
- The proceedings must direct the Registering Officer to enter the fraud finding in Index II, including the proceeding number, date and a brief statement of the finding.
- The same note must be added as a footnote to the relevant copy of the registered document and signed by the Registering Officer.
- For a scanned document, the signed note must be placed on a separate white sheet and linked to the main document.
- No further document may be registered on the basis of the fraudulent document.
- The genuine property owner must be allowed to proceed with further registration despite the fraudulent registration affecting the property.
Deputy Inspectors General and District Registrars must check during visits to Sub Registrar Offices that the required entries have been made.
Who is affected
Letter No.20217/U1/2021 directly applies to District Registrars, Deputy Inspectors General of Registration and Registering Officers across Tamil Nadu. It affects genuine owners whose properties were fraudulently registered, complainants seeking an enquiry, and prospective buyers checking documents or Encumbrance Certificates.
Earlier instructions
Circular No.67 dated 3 November 2011, which had provided a procedure for annulling registrations proved fraudulent, was withdrawn with immediate effect following a Supreme Court judgment. Letter No.20217/U1/2021 instead reiterates strict compliance with Circular No.41530/U1/2017 dated 31 July 2018, particularly the requirements for Index II entries, document footnotes and restrictions on further registration based on a fraudulent document.
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
Will a final finding of fraudulent registration appear in the Encumbrance Certificate?
Yes. The source records the Madurai Bench of the Madras High Court's direction that a final order declaring a transaction fraudulent must be entered in the relevant index and reflected in the Encumbrance Certificate.
Can another document be registered using a document declared fraudulent?
No. The District Registrar or Deputy Inspector General of Registration must direct the Registering Officer not to register further documents based on the fraudulent document.
Can the genuine owner register another transaction involving the property?
Yes. The instructions require the genuine owner to be allowed to proceed with further registration despite the fraudulent registration concerning the property.
Does a fraud finding have to be noted on the registered document copy?
Yes. A signed footnote must be added to the relevant document copy. If the document is scanned, the signed note must be placed on a separate white sheet and linked to the main document.
