Manual amended to check illegal sale of property in Haryana

Tribune News Service

Chandigarh, December 31

In a major decision to protect the rights of property owners, the Haryana Government has amended the Haryana Registration Manual.

Sanjeev Kaushal, Additional Chief Secretary and Financial Commissioner, Revenue and Disaster Management, said the amendment had been made to ensure that persons with valid titles did not have to seek legal recourse to get the deed of fraudulent sale cancelled.

The amendment would empower registering officers to accept and register cancellation deeds cancelling the sale deeds registered fraudulently by a person not entitled to transfer such property.

It was clarified that if a person had a right in the property and someone else transferred it without his consent, the right in that property continued to subsist and the transfer had no effect.

According to the amendment, if a document was registered at the instance of a person not empowered to present it, any person could, within four months from the date of knowledge that such a document was invalid, present his document.

The registering officer, after following procedure contemplated under the Registration Act, 1908, could re-register the document as if it had not been registered previously.

The parameters would be applicable for ‘samlat deh’ landillegally partitione and alienated in the past without getting the title adjudicated under the relevant statute by the competent authority or court.

In case of the executant desiring cancellation the earlier document, the registering officer could re-register, ignoring the earlier registration, under Section 23-A of the Registration Act, 1908.