• Duty of sub registrar

Sirs 

Technical Query

Mr. Sada Sold Land to Mr Manish and registered Sale-Documents in Office of Sub Registrar at Miraroad 

Hence, on Computer of Sub-Registrar at Sangamner the aforesaid Transaction must be visible (otherwise what is use of online digital India) 

And thereafter Mr Sada Sold same Land to Mr Builder and registered the Sale-Documents in same Office of Sub Registrar at Miraroad 

In such circumstances Question arise how and why the Sub-Registrar Miraroad allowed the Registration of Same Sale-Documents of same property to Two Different persons ?

In such circumstances Further Question arise why Sub Registrar Miraroad did not take Objections on such Transactions ?

Lastly In such circumstances why Sub Registrar Miraroad did not put his Remarks/Objections on such Transactions ?

Is Sub-Registrar has no such Legal Duty and Legal Binding upon him ?

Please Guide
HARIOM
Asked 6 years ago in Civil Law

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18 Answers

It will not be sale deed but agreement to sell. So dose not make any difference. If agreement to sell is without possession.

Most of sub registrars are corrupt.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello, 

the principal of caveat emptor will come into role. It was the duty of Mr. Builder to check the documents before purchasing. Had he been diligent enough then he would have come to know that Mr. Sada is not the title holder of the property. 

registrar is not duty bound to check the documents and the title history of land before doing the registry. However, if you do have knowledge of any statute which makes it mandatory for the registrar to check the title of the land before signing then you may lodge a complaint against the registrar for not discharging public function. 

 

Legal the second sale deed will becomes invalid since Mr. Sada was not the title holder at the time of selling the land. Mr. Builder can file a suit against him and claim damages and refund. Also, he may go ahead and lodge a FIR for cheating

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

if sub registrar has wrongly registered sale deed in favour of builder your remedy is to take legal proceedings to set aside fraudulent sale 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

This is cheating, lodge a complaint with the Police Station, Mira Road and also file a criminal complaint against the Registrar, Builder and Sada being a party in this conspiracy.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1.File Writ Petition under Article 226 of the Constitution of India

2. It is duty of sub registrar.

3.you can also lodge a complaint.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a complaint to the same and initiate inquiry.  You can also approach court for cancellation of the other registration

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You are very right that the previous registration records appears online at the time of registration of the property but this is the duty of the purchaser to verify that if any sale is made on the same property before going for registration it is not be registered Duty 2 check the entire record before doing any registration if you are agree for the purchase of the property and paying requisite stamp duty irresistible have no objection on that and he will have the property registered in your name as well in case you are facing any problem due to the double registry then you can go to the Court against the person under section 420 and 406 which is a criminal case and you can make also the register as a party

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See it may be case that Mr. Manish has not mutated the property and using such document the property was again registered by fraud and cheating see earlier deeds does not reflect with the sub register he just register document based on record kept before him. sub registrar is not liable.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) You have mentioned two different address of SRO for the registering same property.

 

2) Kindly provide further more details on which dates transactions took place date and timing.

 

3) Does Mira Road property comes under Sangamner - District ?

 

Both documents registered number , date , timing and place in which SRO it were registered so we can provide you extract details of  your query.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The sub-registrar cannot go deep into the previous transactions  of the  property during the process of registration of any property before him owing to the workload before  him.

 

There are supreme court judgments on this, however the sub-registrars have been told  to exercise  abundant caution over this when such things come to their knowledge before registering the document

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear sir 

The sub registrar office have to maintain all the record of transfer of land if he is doing such transaction then it could be a mistake.  Or he is doing fraud and can be corrupt officer

Sub registrar is legally bound by the process and committed criminal offence by performing such transaction with full  knowledge then you can file a complaint  against sub registrar also. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

He can file a suit for cancellation of the cancellation deed before the concerned court having pecuniary jurisdiction in this subject matter.

Vacation courts are available everywhere where this case can be filed and the lawyer should be able to convince the court that since the  matter is likely to be affected by the limitation act, it can be taken on file.

Yes, the sub registrar has to be made a necessary party to the suit.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

There is no urgency in the matter 

 

2) file suit to set aside sale deed executed between the parties 

 

3) sub registrar should be made party to the suit 

 

4) suit can be filed after summer vacations 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Cancellation of deed under O7R1 CPC.

Yes, filling of suits no problem but effective hearing only after vacation.

Sub R will not be made party.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Suit for cancellation will be applicable before the city civil court. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Suit for cancellation under specific relief act has to be filed see section 31 to 33 of specific relief act. 

See there would be one incharge court and citing the urgency it can order to maintain status quo pending the suit and hearing for exh. 5 that is application for staty.

Sub-registrar office can be made formal party in same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Remedy lies with the Civil Court.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

  1. You have rightly pointed out the the fault at the end of the registrar’s office.
  2. He has the obligation to complete each and every transaction as per law adapter scrutinising the same legally.
  3. Yes, you can file a suit for cancellation even in the summer vacation as there will be duty judges in vacation, but it has to be mentioned first before the highest judge of the court then would come to the judge competent to hear the matter.
  4. Registrar will be an important party in the suit through state as he or she will have to come to the court and give the explanation about the two sale deed for one property having one person common as seller.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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