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haradatta (proprietor)     09 June 2012

Improper registration of sale deed by sro

Sir, in compliance with the Registration Act in A.P., the parties to the sale deed need to submit any of the relevant documents in proof of their identity.  In the present case, the vendee to the sale deed having submitted his ration card {multipurpose card} in proof of his identity, address, signature etc to the registering authority thereupon the sale deed had been registered.  I am the affected party to the said sale deed and upon scrutiny of the said document, the following material defects had been traced out

1.  The signature of the vendee completely mismatches with that of his admitted signature on the enclosed ration card to the sale deed.

2.  The address of the vendee fully being different to that of the address as detailed in his submitted identity proof.

Inspite of the said lacunae, the said deed had been registered and my contention is that there was a mis-representation before the registering authority and third party acting to be as vendee had presented himself for the purpose of registration of the sale deed.  What procedure do i need to adopt in proving the falsity of the said deed?  Can i approach the District Registrar in claiming my due relief by passing of an award in my favour in declaring the said sale deed as NULL and VOID?  Pls suggest



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 1 Replies

MURUGANANTHAM LINGASAMY (ADVOCATE)     15 June 2012

Refer Section 82 and Section 83 in The Registration Act, 1908

Section 82 in The Registration Act, 1908
82. Penalty for making false statements, delivering false copies or translations, false personation, and abetment.- Whoever-- (a) intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or
(b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or
(c) falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or
(d) abets anything made punishable by this Act; shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both. 

Section 83 in The Registration Act, 1908
83. Registering officer may commence prosecutions.- (1) A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector- General, 2[ the Registrar or the Sub- Registrar, in whose territories, district or sub- district, as the case may be, the offence has been committed.


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