சுற்றறிக்கை எண்.03/2023
The Head of the Tamil Nadu Registration Department issued Circular No. 03/2023, Letter No. 36330/U1/2023 dated 29 September 2023, directing District Registrars (Administration) not to conduct inquiries or take action on applications under Section 77A of the Registration Act until the Larger Bench of the High Court gives its decision. The direction applies across Tamil Nadu to documents registered both before and after 16 August 2022.
What the circular does
Circular No. 03/2023, Letter No. 36330/U1/2023 dated 29 September 2023, pauses Registration Department action on complaints filed under Section 77A of the Registration Act. These complaints concern matters including land grabbing and allegedly fraudulent documents.
District Registrars (Administration), acting as inquiry officers under Section 77A, have been instructed not to conduct any inquiry until the Larger Bench gives its decision. The circular states that the restriction applies throughout Tamil Nadu.
Why inquiries have been paused
Circular No. 03/2023 follows orders of the Madras High Court and its Madurai Bench. The Madurai Bench referred several questions to a Larger Bench, including:
- Whether registration authorities can examine statements contained in a registered document and decide that it was fraudulently executed or registered.
- Whether a document challenged only on the basis of its statements is voidable and must be set aside through a civil suit, or whether it can be cancelled under Section 77A.
- Whether Section 77A can be used only when registration violates Section 22-A or Section 22-B of the Registration Act, 1908.
- Whether the power under Section 77A operates prospectively or retrospectively.
The Madurai Bench directed Sub Registrars not to proceed until the Larger Bench decides these questions. Another Madras High Court order reiterated that District Registrars across Tamil Nadu must take no further action on Section 77A applications until the Larger Bench gives its final decision.
Who is affected
Circular No. 03/2023 affects people who have submitted complaints or applications under Section 77A concerning allegedly fraudulent registered documents. It also applies directly to District Registrars (Administration), who are the inquiry officers for these matters.
The Registration Department obtained the opinion of the Additional Advocate General, who advised that District Registrars throughout the State should not take any action on complaints received under Section 77A.
Key points for document owners and complainants
- No Section 77A inquiry is to be conducted while the Larger Bench decision is pending.
- The pause covers documents registered before 16 August 2022.
- The pause also covers documents registered after 16 August 2022.
- The circular does not provide a date on which inquiries will resume. Resumption depends on the Larger Bench decision.
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Common questions
Can a District Registrar currently continue my Section 77A complaint inquiry?
No. Circular No. 03/2023 directs District Registrars (Administration) not to conduct any inquiry or take action under Section 77A until the Larger Bench gives its decision.
Does the pause apply to a document registered before 16 August 2022?
Yes. The circular expressly applies to documents registered before 16 August 2022, as well as documents registered after that date.
Why has the Registration Department stopped acting on Section 77A applications?
The High Court referred questions about the scope and timing of Section 77A powers to a Larger Bench and directed registration authorities not to proceed until that Bench decides them.
When will Section 77A inquiries restart?
The circular gives no specific restart date. It directs that inquiries remain paused until the Larger Bench gives its decision.
