TN govt suspends probe over land grabbing & fake deed registration complaints
Notably, more than thousands of complaints have been received so far and action is being taken against the forged deeds.
Representative image (File)
CHENNAI: The Tamil Nadu Registration Department recently directed the District Registrars, who are also the Investigation Officers under Section 77A of the Tamil Nadu Registration Act to suspend the actions and investigations into the complaints related to land grabbing and fake or forged document registration.
Citing the Madras High Court (Madurai Bench)'s recent observation, the Inspector General of the State registration department has directed the District Registrars (Administration) not to conduct any further investigations until the larger bench's direction and said that the direction is applicable to the documents and records registered before and after August 16, 2022.
Earlier, hearing the batch of pleas related to the investigation of forged deeds, the Madurai Bench of Madras High Court questioned the registration department that whether the recitals in a document presented for registration can be examined and determined that such document was fraudulently executed or registered.
"Whether a document in which the recitals alone are questioned can be considered only as voidable which would normally necessitate the filing of the suit to set aside the particular document or whether even those documents can be cancelled by the Sub Registrar under Section 77A of the Registration Act; Whether exercise of power under Section 77A must be restricted to registration of documents in contravention to Section 22-A or 22-B of the Registration Act, 1908 alone? Whether the exercise of such power under Section 77A of the Registration Act can be prospective in nature or retrospective in nature?," the court further questioned.
Subsequently, the court restrained the District Registrars across Tamil Nadu from taking any further action on the application submitted under Section 77A of the Registration Act, till a final decision is rendered by the Larger Bench.
Meanwhile, the department has sought the Additional Advocate General's opinion regarding the court's direction. Due to the increasing number of complaints related to land grabbing and fake deed registration in the state, an amendment was made in the Section 77A of Tamil Nadu Registration Act granting powers to the District Registrars to cancel registered deeds suspected to be fake or forged and the amended Act came into force in 2022 after the assent of the President of India.
Notably, more than thousands of complaints have been received so far and action is being taken against the forged deeds.