In response to the State Modification Invoice to the Registration Act, 1908, (a Central authorized pointers), a registering officer shall refuse to register a cast doc. Constructive completely totally different doc varieties together with these associated to transactions which might be prohibited by any Central or State Act shall even be refused to be registered.
A Registrar may additionally cancel the registration of a doc in case of contravention of pointers, as per the modification. An enchantment in path of such cancellation could most likely be made to the Inspector Common of Registration and the following diploma shall be the state authorities.
Each registering officer and each explicit particular person entrusted with registering paperwork, inside the event that they register paperwork in violation of norms, they shall be “punishable with imprisonment for a time interval which may be prolonged to some years, or with giant or with each.”
Such norms embody the newly launched provisions contained in the Modification Invoice in path of registration of cast paperwork. The state of objects of the Invoice acknowledged that regardless of efforts by the federal authorities, fraudulent registrations of paperwork by way of cast sale deeds encumbered properties, inflicting an entire lot of struggling to the true land homeowners.
Loads of circulars have been issued by the Inspector Common of Registration (IGoR) in regard to verification of real title deeds, encumbrance certificates, income data and so forth prior to registration by the Registering Officers to stop fraud, forgery and impersonation in registration of immovable properties.
Irrespective of precautionary measures, registration of cast paperwork continued to happen and aggrieved events sought cancellation of such paperwork.
“The provisions of the Registration Act don’t empower the registering officer or every totally different authority to cancel a doc as rapidly as registered, even on the underside of fraud, impersonation and so forth, inflicting grave hardship to most people at large.”
Merely lately, the Madras Excessive Courtroom instructed the federal authorities to produce statutory backing to such circulars of IGoR. Minister for Industrial Taxes and Registration P Moorthy piloted the Invoice to amend the Registration Act, 1908 in its software program program to Tamil Nadu and it was handed.
Over time, innumerable circumstances have been reported in Tamil Nadu whereby immovable properties have been offered to gullible prospects by fraudsters who falsely claimed possession of land via forgery and in loads of circumstances impersonation.