'Issue circular to implement section 77-A of the Registration Act'

Justice R Suresh Kumar of the Madras High Court passed the orders on disposing of the petitions filed by K Samraj and S Anuprakash.
Madras High Court
Madras High CourtFile

CHENNAI: After noticing that several district registrars are not exercising the power conferred under Section 77-A of the Registration Act, 1908, the Madras High Court ordered the Inspector General of the Registration department to issue circulars at the earliest to the district-level registration officers to implement the section 77-A of Registration Act.

Justice R Suresh Kumar of the Madras High Court passed the orders on disposing of the petitions filed by K Samraj and S Anuprakash.

The petitioners sought direction to quash the decision of the deputy inspector general of registration directing one V Srihari to file an appeal before the IG, registration against the petitioners.

The case of the Srihari was in respect of certain documents having been registered by the Registering Authority in favor of the petitioners and he wanted to cancel the same and take action against the petitioners by invoking Section 68 (2) as well as 77-A of the Registration Act, 1908.

Recording the submissions, the judge held that if any aggrieved party, against the fraudulent document, filed a complaint before the District Registrar, who is empowered under Section 77-A of the Registration Act, to enquire about the matter and decide the same.

"If the District Registrar found that the document in question is a bogus one or fraudulent one, the registration made in this regard be directed to be cancelled by the Registering Authority, to that extent, the power is vested with the District Registrar under Section 77-A of the Act, " Justice Suresh Kumar noted.

He further observed that though the amendment made in the act came into force in August 2022, the district registrars are unaware and are escalating the complaints to higher officers.

"Therefore, the IG, Registration should send circulars to all the district registrars to exercise their function under Section 77-A of the Act by way of mandatory guidelines for the effective implementation of the amended provisions, " the judge ruled.

When Srihari approached the sub-registrar, Mettupalayam, he gave an award directing the Srihari to file an appeal before the District Registrar. District Registrar despite having the power as per Section 77-A of the Registration Act, directed the complainant to approach DIG, Registrar and the latter made him to approach the IG, Registration.

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