1. Regarding what?
2. Only owner can sell
3. Yes, a 420,406IPC police complaint against them can be filed.
4. Details required.
Responsibility of Sub Registrar
1) What is the responsibility of subregister? 2) If others sell our property, subregister department will not validate? 3) Is there any law,where we can file a case against subregister if he supported in doing fraud registration?? Validating the 4) Any other inputs ? Best Regards, Vamsi Krishna Kunasani
Asked 5 years ago in Criminal Law
Religion: Hindu
17 Answers
1. Sub Registrar is a "Constitutional Authority" and his decision is Final BUT challengable before the appellate authority or Civil Court. Law provides that Vigilance Dept., may investigate and launch prosecution PROVIDED there is strong cogent evidence
You have to file suit to set aside fraudulent sale deed
2) also file police complaint of fabricating of documents , cheating against fraudster
3) sub registrar is not personally responsible for fraudulent sale deed
Unless until there is Bank loan or Government or Government instructions or court instruction on your property number sub registrar will not stop any sale deed. If he finds genuine transaction seller name as per records and buyer name as per government identification than why he will stop the transaction.
Check the exact what fraud transaction is mentioned in the sale deed.
- The Kernataka High court in Sreenivasa Rao Versus Sub-Registrar case of 1990 and the Smt Sulochanamma Versuss H Nanjundaswamy case of 2001, declared that , A sub-registrar is not responsible for the genuineness of documents he registers, and further quashed a FIR against a sub-registrar who had registered a document which was later alleged to be bogus.
1. The responsibility of the sub registrar to comply the section 17 of the registration Act , i.e. to registered the documents if it fulfils eligibility of registration , and nothing more.
2. Legally , sub responsible is not responsible for the said fraud ,if you came to know then you can lodged your complaint before police , and also inform the sub-registrar for the same.
3. You can file a suit for Declaration before the court for cancelling that fraud sale deed.
4. As above.
1. Vague question. Be specific on what is your query.
2. It's not the job if the Registrar to look for authenticity of sale.
3. No.
4. Registrar only allows registration if prinq facie documents are in order.
The duty of sub-registrar is to generate maximum revenue for the State Government by way of accepting stamp duty and registration changes from parties buyers or sellers. After receiving duty on behalf of the State Government the sub-registrar is under obligation to verify the purchaser and seller and legal heirs as per documents produced before him.
It is subject of enquiry and investigations y Police officers whether land sold by the person was owner or authorized by owner. Please approach police file complaint of forgery and fraudulent sale against sub-registrar and seller,
Yes you may file complaint to State Anti Curuuption Bureaus against sub-registrar for the charges of forgery and fraudulent sale.
You can just make him a co accused but it should be with cogent proof.
1) To register the documents presented to him after checking with the parties who present it.
2) Checking the veracity is not the duty of the Sub Registrar.
3) Yes, you need to prove his / her direct involvement in doing so. No one is above law.
4) If he / she refuses / deviates from his duties, you can initiate proceedings against him.
It is mandatory to have material proofs to prove that, he / she has not performed his / her duties knowingly.
1.Before registering the documents, the sub-registrar will verify whether adequate stamp duty has been paid for the property, as per the stamp duty ready reckoner. In case there is any deficit in the stamp duty, the registrar will refuse to register the documents.
2. Why should others sell your property? you mean fraudulently, then you may have to be careful about it, the sub registrar may not have time to verify each and every document to confirm the genuineness.
3. There is no law to prosecute the sub registrar for this lapse.
A property which belongs to anybody cannot be sold without his permission and consent. That is fraud and cheating. The sub registrar can be held liable if he participates in that fraud. Otherwise if the parties perpetrated the fraud file a suit for cancellation of sale deed.
The utmost care while transferring the property and register in it should be taken by register the property has been registered even after you can file a suit for the cancellation of sale deed by making the purchaser and register as a party in district court.
If there is any doubt that registrar has been aware of the transaction then this is a fraud case and you can file FIR in this regard of course she has some immunity
Dear Sir/Madam,
It is suggested that the person selling and buying the property is required to establish his identity before the registrar and thus there are less chances of fraud these days. However, if some fraud happens. the case can be filed against all concerned persons.
There is nothing in the law that require the registering officer to make a roving enquiry about the title of the person with regard to the property which is being sold by the sale of deed.
Scope of enquiry to be made by the registering officer is restricted to the factum of execution and the identity of the person executing document, other than the levy of stamp duty, collection of registration charges and the completion of procedural formalities such as attestation etc.
If it is apparent from the registered document and fact of the case that registrar has active role in forgery than FIR can file agasint him.
1. Sub registrar is responsible for verification of particulars of sales deed and parties before approving the registration.
2. No sub registrar will not validate the sales deed.
3. Yes you can lodge FIR against tehsildar before vigilance department and SP If he is involved in registration of fraud sales deed.
Responsibility of sub-registrar in terms of scrutiny of documents
you can file criminal complaint for forged registration with forged documents misrepresentation, cheating against the person who has executed the sale deed on behalf of original land lord.
You also request the Police Authority to submit the proof including inspection of documents and thoroughly check at Forensic Sc. Lab for its correctness and validity. further file a suit for cancellation of Sale Deed cheating made and obtain an order cancellation of Deed directing the Sub-Registrar of Assurances to cancel the deed and also revenue and/or municipal, City Survey or such other authorities to cancel the mutation entries made and to restore the name of actual owner
Yes you can also file FIR against him too
