Chennai: Madras high court has reiterated that property registering authorities cannot adjudicate disputes relating to civil disputes. Questions relating to ownership, validity of transactions, or fraud affecting property rights must be determined by competent civil courts, it said on Wednesday. “The constitutional courts have repeatedly held that the registering authority is not empowered to go into the civil rights of parties. The competent civil court of law alone is empowered to declare the civil rights, and the registering authority has no jurisdiction or authority to adjudicate the disputed facts regarding civil rights of the parties,” a division bench of Justices S M Subramaniam and K Surender said, while allowing an appeal moved by Gurumurthi and Sangeetha, challenging the order directing cancellation of three sale deeds registered before the sub-registrar, Puducherry, on the ground of fraud.“Fraud in common parlance has a wider connotation and meaning, and the general meaning of ‘fraud’ cannot be adopted in respect of the documents registered under the Registration Act,” the court said.In the event of fraud, three actions are provided for an aggrieved person. Firstly, the person may file a complaint to prosecute offenders under the criminal law. Secondly, such a person is entitled to approach the civil court to establish his civil rights. Thirdly, he can approach the competent authorities to cancel the registered documents. As far as the administrative action under the provisions of the Registration Act is concerned, the definition of fraud cannot be expanded for the purpose of adjudicating civil disputes, the court added.The court added that a civil suit was already pending before the civil court concerned on the title of the properties involved.
