TaxTMI 
TaxTMI 
2026 (3) TMI 733
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....for R2, R6 to R17, R3 - Not ready in notice, R4 - Died steps taken JUDGMENT (Judgment of the Court was delivered by S.M. SUBRAMANIAM, J.) Under assail is the Writ order dated 01.08.2022 passed in W.P. No.11617 of 2016. 2. The writ petitioners are the appellants before this Court. The issue raised in the present intra-Court appeal is, whether the District Registrar under the Registration Act is empowered to cancel the sale deeds by invoking powers conferred under Section 68(2) of the Registration Act. 3. It is not in dispute that a complaint came to be instituted by the respondents to nullify three sale deeds registered in sale deed Nos.592/2009 dated 20.02.2009, 895/2009 dated 12.03.2009 and 351/2011 dated 25.01.2011. 4. T....
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....otherwise not contemplated under the Act has been exercised and thus the present Writ Petition is to be considered. 7. Mr. S.Patrick, learned counsel appearing for the contesting respondents 2, 6 to 17 made a submission that it was a transaction between husband and wife and a fraud came to be committed. Therefore, the District Registrar exercised his power under section 68(2) of the Act, as well as the instructions issued by the Inspector General of Registration. That apart, the High Court is empowered to declare a document as null and void in exercise of powers of judicial review. Therefore, the writ Court was right in dismissing the Writ Petition filed by the appellants. The writ Court found that the transaction was a fraudulent transa....
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....ordinate to him or in respect of rectification of any error regarding the book or the office in which any document has been registered. Power to nullify registered document is not traceable under Section 68(2) of the Act. However, the Inspector General of Registration, Puducherry issued a circular dated 05.08.2021 in connection with the execution of fraudulent registration of documents, in pursuance to the directions issued by the Madurai Bench of Madras High Court in W.P.No.10177 of 2021 dated 17.06.2021. There is no power conferred under the Registration Act for the District Registrar to cancel the registered document similar to that of Section 77A of the Registration Act (Tamil Nadu Amendment Act, 2022). The said Section 77A was also dec....
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....ss provision in that behalf, it is not open to assume that the Sub-Registrar (Registration) would be competent to cancel the registration of the documents in question. Similarly, the power of the Inspector General is limited to do superintendence of Registration Offices and make rules in that behalf. Even the Inspector General has no power to cancel the registration of any document which has already been registered. 36. If the document is required to be compulsorily registered, but while doing so some irregularity creeps in, that, by itself, cannot result in a fraudulent action of the State Authority. Non-presence of the other party to the extinguishment deed presented by the Society before the Registering Officer by no standard ca....
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....ument. The Registering Officer can refuse to register a document only in situations mentioned in sections such as Section 19 to 22, 32 and 35. At the same time, once the document is registered, it is not open to the Registering Officer to cancel that registration even if his attention is invited to some irregularity committed during the registration of the document. The aggrieved party can challenge the registration and validity of the document before the civil court. The majority view of the Full Bench was that if a person is aggrieved by the extinguishment deed or its registration, his remedy is to seek appropriate relief in the civil court and a writ petition is not the proper remedy." 11. The Constitutional Courts have repeatedly hel....
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....ny iota of doubt regarding civil rights, the parties are to be relegated to the civil Court of law for the purpose of establishing their rights. 15. When the District Registrar has no power to adjudicate, the civil rights of the parties, he ought not to have cancelled the sale deeds. Such a power has been conferred only on the Civil Court and such declarations cannot be given based on summary proceedings. In the event of declaring the document as fraudulent by the District Registrar, merely by conducting summary proceedings, it would infringe the civil rights of the parties regarding the properties and more so, right to property is of constitutional right and Article 300 A of the Constitution of India gets violated, since such right can ....