Circular on Appeals Against Fraudulent Registration Enquiry Orders
The Inspector General of Registration issued Circular Letter No. 41530/U1/2017 dated 9 November 2018, with copies to officials of the Commercial Taxes and Registration Department. It modifies the earlier appeal provision for orders passed by District Registrars (Admin) after enquiries into fraudulent registration complaints, directing parties to appeal to the Deputy Inspector General of Registration at the stated place and address instead of the Inspector General of Registration in Chennai. An appeal must be filed within 60 days from receipt of the order, and the appeal enquiry and order must be completed within two months.
What the circular governs
Circular Letter No. 41530/U1/2017 dated 9 November 2018 concerns complaints about fraudulent registration. It deals specifically with appeals against orders passed by District Registrars (Admin) after enquiries under Section 68(2) of the Registration Act, 1908.
The Inspector General of Registration issued the circular using powers under Section 69 of the Registration Act, 1908. Copies were sent to registering officers and officials including the Principal Secretary to Government, Commercial Taxes and Registration Department.
What changed
An earlier instruction required an aggrieved party to appeal to the Inspector General of Registration at 100, Santhome High Road, Chennai. The circular changes that appeal arrangement because requiring petitioners, respondents and witnesses to travel to Chennai caused hardship and delayed enquiries. It notes that some important witnesses were elderly and unable to travel.
The revised appeal process provides that:
- A concerned party may appeal to the Deputy Inspector General of Registration.
- The relevant place and address of the Deputy Inspector General of Registration must be stated in the District Registrar's order.
- The appeal must be filed within 60 days from the date the party receives the order.
- The Deputy Inspector General of Registration must complete the appeal enquiry and pass an order within two months.
District Registrar enquiry and communication
District Registrars (Admin) must conduct enquiries into complaints concerning fraudulent registration. The prescribed procedure requires the District Registrar to pass a speaking order through formal proceedings and communicate it to the petitioner by registered post with acknowledgement due.
Every relevant order must inform the parties about their right to appeal to the Deputy Inspector General of Registration, the place and address for filing, and the 60 day period.
Orders already passed
For cases where a District Registrar had already passed an order, a separate letter must be sent to the affected party. The letter must explain that an aggrieved party may appeal to the Deputy Inspector General of Registration at the stated place and address, instead of appealing to the Inspector General of Registration. The 60 day period runs from receipt of the District Registrar's order.
Who may be affected
The revised process affects petitioners, respondents, witnesses and other concerned parties involved in enquiries into complaints of fraudulent registration, particularly anyone seeking to challenge a District Registrar's order.
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
Where should I appeal against a District Registrar's order on a fraudulent registration complaint?
You may appeal to the Deputy Inspector General of Registration at the place and address stated in the order. The circular replaces the earlier requirement to appeal to the Inspector General of Registration in Chennai.
How long do I have to file the appeal?
The appeal must be filed within 60 days from the date you receive the District Registrar's order.
How quickly must the appeal be decided?
The Deputy Inspector General of Registration must complete the enquiry and pass the appeal order within two months.
What happens if the District Registrar passed the order before this circular?
A separate letter must be sent informing the affected party that any appeal may be filed with the Deputy Inspector General of Registration instead of the Inspector General of Registration.
