Dear Sir I did RTI application to PIO (Sub Registrar) Q1. Pls. let me know How sale deed number 213 dated 2.09.2002 got registered in 0.23 acres land when seller actually has 0.13 acres land as per sale deed, revenue record & physical possession. PIO (Sub Registrar) reply : During registration of sale deed number 213 dated 2.09.2002 , registry office work is to collect revenue only. First Appeal : For Unsatisfactory reply , but FAA not responded in 45 days. Now I am going to file second appeal , please suggest 1. Is the reply of PIO (Sub Registrar) is misleading ? 2. Can sub registrar without verifying sale deed, revenue record , trace map, rent receipt of seller , register a sale deed ? 3. Do PIO (Sub Registrar) will not take property records of seller? 4. Do PIO (Sub Registrar) will not maintain property records of seller in his office? 5. Do Subregistrar will not consult C.O before registering property ? 6. In sale deed number 213 dated 2.09.2002 certified copy nothing is written about seller deed number/mutation number. Please suggest how to open up this forgery of land registry with RTI , I have all original papers of seller with physical possession of land i.e 0.13 acres.
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Yes and not sustainable. Registry office have complete detail of properties/land and it`s area. And at the time of registration, it is mandatory on sub registrar to check the sale deed and detail of property on their data base.
And detail of previous sale deed mention in sale deed on further sale and SRO must verify the details before sign.
6. Sale deed is not valid. clear case of cheating with the involvement of SRO.
FIR will file in the matter but WHO are you ? what is your locus standi ?
Rule 55 of the registration act Act specifically prohibits the Registering Authority to enquiry into the right and title of the parties over the property. There is a catena of decisions of this Court and the Apex Court that the Registrar cannot hold enquiry regarding right and title of the parties over the property. Registration of documents by the Registrar, is not an administrative function, but it is a statutory function. It is further stated that Section 3 of the Transfer of Property Act states that registration is only a notice to the public and the same will not confer any title.
2) If at all you are is aggrieved by virtue of registration of the document, your rights were infringed, you can file a suit to set aside the same and to get declaration as null and void.
3) there is no provision in the Registration Act, 1908 which enables the Registering Authority to refuse registration of the document presented for registration, but under Section 71 of the Registration Act, the registering authority is duty bound to consider the objections raised by the party opposing the registration and pass appropriate orders by recording his reasons which is appealable under Section 72 of the Registration Act. Of-course it is true that the Registering Authority is bound to enquire into the issues whether the documents presented before it for registration purpose, are fraudulent in nature and in case it is so, to cancel the registration
4) in present case reply of sub registrar is not misleading . no objections were raised at time of registration of document . he has registered sale deed when it was present to him for registration
5) you have to file suit to set aside sale deed
The RTI act was enacted only to get an official information about whatever information desired to be sought by the general public.
If the second appeal is also not answered satisfactorily, you may file a writ petition against the authorities for not providing the proper information as sought in the application or in the subsequent appeals.
If you have substantial documentary evidences with regard to the fraud that has taken place you may proceed against the fraudster seeking relief agaisnt this fraud through civil or criminal court of law.
1. Yes
2. No
3. He will
4. It will
5. He needs to
6. You seek explanation in second appeal then file writ Petition in hc
1. Yes reply is completely misleading as they should have cleared about the responsible department for registration of sales deed.
2. No
3. Yes they update mutation records after execution of sales deed
4. They maintain records of all transaction related to the land.
5. File case against revenue department and seller for making forged sales deed of excess land.
