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land usury -tamilnadu - deed settled

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a land has been usurped by a legal heir of a senior citizen and a the family settlement deed is registered in this regard
this s n tamilnadu..law currently states that, family settlement deed,once registered, can be cancelled only through court and the culprit is using that as as reason to be in possess of the property
now that senior citizen is devoid of his rights in the property.in what way can this be cancelled /the sub registrar be penalize for his actions.?
does a RTI to all the higher offices including the procedure followed for this registration provide any results?
how  to get this cancelled without having to go through court.
this is a fraud - but not n way of forged signature etc but done without the proper knowledge of  actual owner/other legal heirs and required docs.


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Prasad GLN

The issue raised by you is beyond ambit of RTI Act.

A sub registrar is concerned only with format regularity alone and responsible for collection of such fees.

Any Registered document can only be cancelled through filing declaration suit before competent court with in limitation period from the knowledge of that deed.

The sub registrar is not concerned with legality of transaction, his duty is to evidence such deeds as Registered.

Immediately consult Advocate as there is limitation period.  Whether for a senior citizen or a minor the law is one and the same, and the limitation period commences from the date of knowledge.

Fraud has vast definitions.  A person registering such property for which he is not fully entitled is also a fraud.  For example X, Y, Z are legal heirs, X can not register the entire property and appropriate the proceeds.  He is entitled to sell the share after partition, as per eligibility of his share after the property is divided in metes and bounds.

You can approach LEGAL SERVICES AUTHORITY for free advice and fee assistance.

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prasad ji-
thanks for the great advise as always
but while you look at this n more of a legal perspective. i look this at more into how can this be prevented any further  and bring that sub registrar questionable.
fortunately, i am not the affected party.and the senior citizen has already been rightly advised to go to court.but the pain they had to gone thrugh,for no fault of hers, and just because of the collusion between the sub registrar and the fraud, makes me only think that i should escalate the matter and expose such officials in some way.

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Prasad GLN

I do not touch any issue unless I have some fundamental idea on that subject.

There are hundreds of instances where Tehasildar's office, Railway stations, river beds, dry tank were sold and mortgaged to Nationalized Banks.  One can not find any fault with Sub registrar as his duty is not verify legality and going into the transaction (which is of judicial nature) and his duty is restricted to format and collecting fees.

Please do not waste time and money on which you can never proceed legally.  Focus on main issue.

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