Powers Exercised By Authorities Within Ambit Of Registration Act, Finding Fraudulent Execution Of Sale Deed Needs No Interference: Madras HC

While highlighting that the Authorities under the Registration Act, found that the Sale Deed was fraudulently executed in favour of the petitioner and more-so, the Original Allottee was not the father of the petitioner, the Madras High Court held that the officials of the respondents have rightly exercised their powers within the ambit of the provisions of the Registration Act, 1908 by prohibiting the petitioner from alienating the subject property in favor of any other person, and there is no infirmity as such.

A Single Judge Bench of Justice S.M Subramaniam observed that “the Deputy Inspector General of Registration passed an order prohibiting the petitioner from alienating the subject property in favour of any other person. Such orders are passed in the interest of the public at large, since there is a possibility of misleading the public”.

Advocate G. Mohanakrishnan appeared for the Petitioner, whereas Advocate T. Arunkumar appeared for the Respondent.

The brief facts of the case were that the petitioner purchased the subject property vide sale deed executed by the Tamil Nadu Housing Board and represented by the Executive Engineer and the Administrative Officer. As per the sale deed, the petitioner is the daughter of Thiru P. V. Narayanan, who is the Original Allottee by the Tamil Nadu Housing Board and he is entitled to hold the title over the allotted property. Further, the Original Allottee was alive at the time of execution of the sale deed by the Tamil Nadu Housing Board. The dispute arose with reference to the contentions that the petitioner is not the daughter of the Original Allottee and she had fraudulently executed the Sale Deed with the collusion of the Housing Board Authorities. The son of P.V. Narayanan filed a complaint before the Authorities on the ground that his father's name was fraudulently utilized for the purpose of execution of Sale Deed in favour of the petitioner regarding the house allotted by the Tamil Nadu Housing Board. Based on the complaint, criminal case was registered which is pending consideration. Meanwhile, an application was filed to cancel the document before the District Registrar under the provisions of the Registration Act, 1908, who found that the Sale Deed was fraudulently executed in favour of the petitioner.

After considering the submission, the Bench noted from the findings made by the Deputy Inspector General of Registration that the Sale Deed produced by the parties reveals that the petitioner is the daughter of P.V. Narayanan.

However, noting that the name of petitioner was not there in the legal heir certificate, the Bench stated that the Authorities found that petitioner is not the daughter of the Original Allottee.

In fact, the name of the father of the petitioner is Thiru. Ayyavu Chettiar, added the Bench.

Accordingly, the High Court dismissed the petition.

Cause Title: Sundarambal v. Deputy Inspector General of Registration and Ors. [Neutral Citation: 2023: MHC: 3972]

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