what are the necessary changes that should be brought in Tamilnadu
Answers
Answer:
Explanation: observed that once an order is passed by the authority decla ..
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Explanation:
MADURAI: Madras high court observed that once an order is passed by the authority declaring the property transaction to be fraudulent, the same has to be recorded in the relevant register and must be reflected in the encumbrance certificate, instead of making the owner of the property approach the civil courts for cancellation of documents. Justice N Anand Venkatesh observed that the Registration Act, 1908, provides for a mechanism to the concerned authority to deal with a complaint pertaining to a fraudulent transaction. Once an authority exercises such a power and conducts an inquiry and ultimately, finds that the entire transaction is fraudulent, such an order passed by the authority should get reflected in the records.
“Declaring a transaction to be a fraudulent one, virtually makes that document void in the eye of law. Once a document is void in the eye of law, there is no necessity for a party to unnecessarily spend his time in a civil court seeking for cancellation of such a document,” observed the judge.