Tamil Nadu Govt's amendment to Registration Act earns praise

The fact is that the date of furnishing of the  power of attorney succeeded the date of death of his father, the petitioner stated.
Madras High Court (File photo)
Madras High Court (File photo)

CHENNAI: The Madras High Court has lauded the state government for bringing in amendments to the Registration Act that helps cancel fraudulent registration of properties by producing fabricated, fake documents. Justice R Suresh Kumar, allowing a petition seeking orders to cancel the fraudulent registration of a property, said the amendment in the Registration Act is a first of its kind in the country.

“In order to tackle these kinds of situations, the state legislature with their wisdom, of course by the suggestion given by this court, had come forward to make an amendment in the Registration Act, 1908, a first-of-its-kind in India,” the judge said in a recent order.

He explained under the amendment, especially Section 77-A of the Act, a quasi-judicial-like power is vested with the district registrar. If any complaint is given against a fraudulent transaction, such complaint shall be entertained, and after giving an opportunity to both sides, a decision shall be taken.

The observations were made on a petition filed by V Sudhakara Rao seeking orders to the district registrar concerned to decide on the complaints against fraudulent registration of documents to claim ownership and sell land measuring 2,400 sq. ft owned by his father (since deceased) at Okkiam Thoraipakkam.

He said the fraudsters had created fake power of attorney by forging documents as if to look like it was given by his father. The fact is that the date of furnishing of the power of attorney succeeded the date of death of his father, the petitioner stated.

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