G. RAJASULOCHANA Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) This Writ Petition is filed for a direction to the 2nd Respondent to cancel the fraudulent document registered in Doc.No.4843/2022, dtd. 8/9/2022 before the Sub-Registrar Office, Joint II, Cuddalore on the basis of the Representation sent by the Petitioner, dtd. 3/10/2022 and forbearing the Respondents not to register any document in respect of property situated in Sankaranaidu Street, Sankaranaidu House, Thirupathiripuliyur in T.S. No.126, Ward No.4, Block No.3 of Cuddalore Town and District with a extent of 12,654 sq.ft., till the disposal of the Civil Suit.

(2.) It is the case of the Writ Petitioner that the Petitioner's father K.P. Gopalakrishna Naidu is the Original Owner of the subject property had executed a Will in favour of his wife, who had executed Settlement Deed in favour of one of her sons. Subsequently, on the basis of Complaint of one Balaj, the District Registrar cancelled the Will and Settlement Deed on 11/6/2012, which was reversed by the First Respondent vide Order, dtd. 23/8/2018. Further, through a forged General Power of Attorney, the subject property to an extent of 6256 sq.ft., is sold to the Respondents 4 to 6. Hence, seeks a direction to cancel the Sale Deed, dtd. 8/9/2022.

(3.) It is relevant to note that the object of the Law of Registration is to provide Public Notice of the transaction embodied therein. The execution of documents and its validity, the right created or extinguished is governed by the substantive law namely the Transfer of Property Act, 1882. The provisions contained in the Registration Act, 1908 relates to the factum of registration alone. The Hon'ble Supreme Court in the case of State of Rajasthan v. Basant Nahata, 2005 (4) CTC 606 (SC) : 2005 (12) SCC 77 has held as follows: