JOIN USKejriwal to help victims of property deal frauds
The Delhi government has decided to hold probes, if needed file FIRs, in all complaints of fraudulent registration of property rather than let duped property owners fend for themselves.
The course correction has been ordered by Chief Minister Arvind Kejriwal who took note of a large number of public grievances received from property owners suffering due to frauds. Kejriwal has now instructed officials to ensure that whenever a fraud is reported, the sub-registrars should not bluntly turn the property owners away.
The registering officers should take action on all such complaints and if the officials probing into the matter detect impersonation or use of false documents, a police case should also be filed against the culprits by the Registration and Stamp Branch, according to Kejriwal.
“To direct the aggrieved parties to approach civil court... is like committing double jeopardy against him,” said a senior official.
A new set of instructions have now been issued to all district registrars on how to probe complaints of fraudulent registration through impersonation or production of false documents and file FIRs against culprits, said an official.
Fraudulent registrations
Taking note of the increasing numbers of fraudulent registrations in the city, the Inspector General of Registration Juhi Mukherjee has also written to district official to maintain a register of complaints received by them and conduct inquiries within two months.
“Any failure in registering complaints relating to fraudulent registration through impersonation or production of false documents/statement etc, and initiation of enquiry followed by filing of FIR and making annulment entries... shall be viewed seriously,” said Mukherjee.
The Inspector General of Registration also shared with district registrars an observation of the Andhra Pradesh High Court which said: “If a person sells away the property belonging to other, it would certainly be fraud on the statute. It would be insult to injury, if such person is asked to go to Civil Court and get the subsequent sale deed cancelled or seek a declaration.”
An official said till now the complainants were being asked to approach the civil courts for redressal of complaints related fraudulent registrations.
“Now, the registrars have been clearly told to use their statutory powers conferred under Section 83 of the Registration Act 1908 to file criminal case against the persons who are involved in impersonation or production of false evidences.” After Kejriwal’s intervention, the branch has also decided to ask district registrars to recall their own orders if the orders were obtained by playing fraud.
“Only such a course of action can serve the principles of natural justice,” said an official.
As a check against harassment of those who have genuinely executed sale deeds, Mukherjee said the instructions to district registrars.
to deal with fraudulent registrations should not be construed to mean that “the registering authority shall go into the issue of deciding title in case of rival claims on certain basis”.