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Sub-Registrars told not to take instructions from police on registrations
Aggrieved parties should get orders from civil courts, not use police machinery, says IG of Registrations
Registering authorities across the State have been instructed not to refuse registration of documents based on the letters received from police officials.
In a series of instructions issued to Sub-Registrars, the Inspector-General of Registrations, Dinesh Ponraj Oliver, said it was for the aggrieved parties to obtain appropriate orders from the civil courts instead of using the police machinery to prevent the Registrar from performing his/her statutory functions.
Referring to a specific case, he said the Madras High Court had deprecated the practice of police officers issuing letters to the Sub-Registrars asking them to refrain from registering documents.
“It is hereby instructed that registering officers should not refuse registration of documents merely based on the letter issued by police officials,” Mr. Oliver said.
Reiterating an earlier order directing Sub-Registrars not to insist the applicants (Registrants) on producing Chitta, Adangal, Field Measurement Sketch, rental value certificate etc for registering documents, he said severe disciplinary action would be initiated against those found to have cited such requirements while turning down registration of documents.
Protest petitions
Mr. Oliver warned of action if registration of any document was rejected merely based on a protest petition with no documentary evidence.
He said instructions were issued to protect the original owners of properties from spurious protest petitions. Registering officers were told to return the protest petitions which were submitted without documentary evidences.
However, if any protest petition was submitted by the genuine owner of a property along with necessary proof towards his/her title over the property, such complaint should be taken into consideration, he said.
Undervalued assets
In cases where undervaluation of property was found Section 47A of the Indian Stamp Act, 1899, provided for such documents to be referred to the Collector (District Revenue Officer/Special Deputy Collector stamps as the case may be) after registering the document for determination of market value.
But it was observed in certain cases that the Sub Registrars simply refused to register the document on the ground that the property had been undervalued. Under the provisions of the Act, whenever under valuation was suspected, the registering officer was bound to register the same and refer it in original to the competent authority for determination of market value of the property.
SARFAESI cases
The IG of Registrations said that registration of Sale Certificates should not be refused on the ground that an attachment order issued by a court was subsisting upon the subject property.
Mr. Oliver said that in cases where some portions of land in a particular survey number had been sold as house site earlier, and when the remaining land remained as an agriculture land and layout not formed, there was no bar on registering the property as agricultural land.
The instructions issued on Friday comes as the Registration Department is working on an elaborate plan to effect an upward revision of Market Value Guidelines (MVG) of immovable properties in Tamil Nadu, sources in the department said.
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