Circular No. 1/2023, Handling land grabbing complaints under section 77A

What the circular governs

Circular No. 1/2023 of the Tamil Nadu Registration Department concerns complaints seeking action against fraudulent documents under section 77A of the Registration Act, 1908. Tamil Nadu Act 41 of 2022 inserted sections 77A and 77B, which came into force on 16 August 2022. The circular follows directions issued by the Madras High Court on the systematic handling of applications and appeals.

The procedure mainly affects complainants, persons opposing a complaint, parties to the questioned document, witnesses and Registration Department officers conducting inquiries.

Registration and order of petitions

District Registrars must maintain a register for section 77A land grabbing complaints. It must record:

• Serial number and date of receipt.
• Complainant's name and address.
• Sub-Registrar office and document number.
• Names and addresses of the person who executed the document, purchaser and witnesses.
• Remarks.

After registration, the complainant must be informed by letter of the serial number and that the petition will be taken up according to seniority. A similar register must be maintained at the office of the Head of the Registration Department for appeals.

Scope and inquiry procedure

Circular No. 1/2023 states that only cases falling under sections 22A and 22B may be taken up for inquiry. Civil disputes concerning ownership must not be investigated through this process.

Key inquiry requirements are:

• Inquiries must normally begin in register order, without giving later petitions preference.
• Notices must require complainants and opposing parties to appear.
• At the first hearing, each side's petition and evidence must be supplied to the other side, with acknowledgement obtained.
• Both sides must receive reasonable time and an opportunity to present arguments before a final order.
• After the final order, the register entry must be marked in red and the order date entered in the remarks column.

Urgent cases and oversight

Urgent consideration is allowed only when the applicant gives written reasons and the officer finds them genuine. Otherwise, the urgency request must be rejected and the petition retained in its normal position.

Reasonable adjournments may be given, but further time can be refused where delay is being used to obstruct the case. Bias, unjustified priority, unnecessary delay, negligence or failure of duty can lead to strict action. Regional Deputy Inspectors General of Registration must check compliance during inspections and immediately report violations to the Head of the Registration Department.