TaxTMI 
TaxTMI 
2021 (6) TMI 1200
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....tion of an entry made in the Encumbrance Certificate was rejected. 2. The case of the petitioner is that he is the absolute owner of the subject property, by virtue of a registered partition deed, dated 22.02.1980. The further case of the petitioner is that a fraudulent document came to be executed in favour of the fifth respondent by impersonation based on a forged patta. The document was registered on the file of the fourth respondent. This registration is said to have taken place even without verifying the parent documents. 3. Immediately after the registration of the document, it came to the knowledge of the petitioner. The petitioner made an application to the third respondent to take action and to declare the transaction as a fr....
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....e impugned communication, dated 05.02.2021, informed the petitioner that the relief sought for by the petitioner cannot be granted by virtue of a Circular of the Inspector General of Registration. Aggrieved by the same, the present Writ Petition has been filed before this Court seeking for appropriate directions. 7. The learned counsel appearing for the petitioner submitted that the order passed by the second respondent, dated 30.04.2019, has become final and the same has not been put to challenge by the fifth respondent. The learned counsel by bringing to the notice of this Court the Judgment passed in the case of J.Jayaniithaa Vs. Inspector General of Registration and others reported in [2021 (1) CTC 839], submitted that where a transa....
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....ority to deal with a complaint pertaining to a fraudulent transaction. Once an Authority exercises such a power and conducts an enquiry and ultimately, finds that the entire transaction is fraudulent, such an order passed by the Authority should get reflected in the records. The Authority on the one hand cannot state that he will declare a transaction to be fraudulent and thereafter, he will send the party to a Civil Court to cancel that document. Declaring a transaction to be a fraudulent one, virtually makes that document void in the eye of law. Once a document is void in the eye of law, it is nonest and there is no necessity for a party to unnecessarily spend his time in a Civil Court seeking for cancellation of such a document. It....
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....reciation, the same is extracted hereunder:- "6. Hence, all the District Registrars are hereby directed to do the following:- a) If fraudulent registration is proved, apart from directing the Registering Officers to file police complaints against the fraudsters, specific orders to be passed directing the Registering Officers for making entry in the relevant indexes and also in the copies of documents. The entry in index (ii) shall be made as " The registration of document is found as fraudulent vide proceedings of the District Registrar (Proceeding No. and dated to be noted) due to----------(the findings to be given briefly)". The same note has to be made as a footnote in the relevant copies of documents filed and to be si....