How can I check if ...
 
Notifications
Clear all

How can I check if my property registration is genuine?

2 Posts
2 Users
0 Reactions
2 Views
Posts: 1
Topic starter
(@gulabo shekhawat)
Joined: 1 hour ago
[#8463]

My family is helping an elderly relative register a property that was purchased just last month but never formally registered. Given this situation, I want to know: How can I check if my property registration is genuine?


1 Reply
Posts: 3731
(@advocate-mudit-pratap)
Member
Joined: 4 months ago

Stories of fake sale deeds, forged stamp papers and impostor sellers have made many property owners and buyers anxious. Perhaps you bought property through a broker and never personally visited the Sub-Registrar's office, or you have inherited documents you cannot fully read, or a stranger has claimed your land. Let me reassure you that verifying whether your property registration is genuine is entirely possible, and most checks can be done quickly using official records. In this answer I will explain the step-by-step method to check if your property registration is genuine, the red flags to look for, and the legal remedies if you discover fraud.

Let me begin with why verification is possible. When a document is registered under the Registration Act, 1908, the Sub-Registrar copies it into the register books under Section 51, maintains indexes under Section 55, and returns the original with endorsements under Section 61. So an official record of every genuine registration exists independently of the paper in your hands. A genuine deed will match the office record; a fake one will not.

The first step is to check the official record online. Most states now operate registration portals where you can search registered documents by document number and year, Sub-Registrar office, party names, or property details. Enter the details from your deed and check whether the search shows the same document number, date, parties and property. Some states also allow you to view or download a digitally signed copy. A mismatch or a missing record is a serious warning sign.

The second step is to obtain a certified copy from the Sub-Registrar's office. Section 57 of the Registration Act allows any person to obtain certified copies of entries in Book 1, which includes sale deeds, on payment of fees. Section 57(5) provides that such copies are signed and sealed by the registering officer and admissible to prove the contents of the original. Compare the certified copy line by line with your original. Any difference in names, property details, consideration or dates must be investigated.

The third step is to examine the registration endorsements on your original. A genuine registered deed carries endorsements required by law. Section 52 requires endorsement of the date, hour and place of presentation and the presenter's signature. Sections 58 and 59 require endorsements of the admission of execution and the signatures of those admitting it. Section 60 requires a certificate of registration, signed, sealed and dated, stating the book, volume or number and pages. Check that these endorsements exist, are consistent, and bear the office seal.

The fourth step is to check photographs and fingerprints. Section 32A requires the passport-size photographs and fingerprints of the buyer and seller to be affixed to the document. Genuine deeds registered in recent decades usually carry these, often printed or scanned by the registration system. Compare the photographs with the actual parties. Where a dispute arises, a fingerprint expert can compare the impressions with those of the alleged executant.

The fifth step is to verify the stamp duty. For e-stamped documents, check the e-stamp certificate number on the official website of the issuing agency, which in many states is the Stock Holding Corporation of India, and confirm that the amount, date and parties match. For older documents on physical stamp paper, examine the vendor's endorsement, serial number and treasury details. Counterfeiting government stamps is an offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023, and fake stamp papers have been used in major frauds.

The sixth step is to obtain an encumbrance certificate. It shows all registered transactions affecting the property over a chosen period. Your deed should appear in it, with the correct date and parties. If the certificate shows a different transaction on the same date, or does not show your deed at all, something is wrong. The certificate also reveals whether anyone has registered a later transaction on your property without your knowledge.

The seventh step is to check the property-wise index. Section 55 requires indexes, including a property-wise index, known in Maharashtra as Index II. Searching the index for your property shows every registered document relating to it. This is especially useful for detecting fraudulent registrations made by impostors, and it can often be done online.

The eighth step is to check the chain of title and revenue records. Obtain certified copies of earlier deeds and verify that the seller in your deed actually acquired the property through a genuine registered document. Check the revenue records, such as the khatauni, jamabandi, 7/12 extract or property card, and the mutation history. Mutation does not confer title, as the Supreme Court held in Sawarni v. Inder Kaur, (1996) 6 SCC 223, but consistency across records supports genuineness.

For a professional verification of your registration and title, reach out to Aapka Legal Advice, whose advocates conduct record searches, obtain certified copies and prepare written title reports. If you suspect forgery or impersonation, consulting one of the Top property Lawyers in India| Aapka Legal Advice promptly can prevent further damage.

In suspected forgery cases, clients often benefit from a senior judicial view, and Aapka Legal Advice provides consultation with a panel of retired High Court and District Judges who work alongside experienced criminal lawyers. The retired judges assess how courts will treat the evidence of forgery, while the criminal lawyers pursue the forgers and defend you against counter-complaints.

What are the common red flags? Be alert if the document number or date does not appear in the online records, if the certified copy differs from your original, if endorsements or seals are missing or look photocopied, if photographs do not match the parties, if the e-stamp certificate cannot be verified, if the stamp paper was purchased long before or after execution without explanation, if the seller's signature varies across documents, or if the property description does not match revenue records. Any one of these warrants careful investigation.

Also watch for procedural red flags. A deed registered at a Sub-Registrar office far from the property may be invalid, because Section 28 requires registration where the property lies, and the Privy Council in Harendra Lal Roy Chowdhuri v. Hari Dasi Debi (1914) held that manipulating jurisdiction is a fraud on the registration law. A deed executed through a power of attorney after the principal's death is suspect, since agency terminates on death under Section 201 of the Indian Contract Act, 1872.

What should you do if you discover your registration is not genuine? First, preserve all documents and evidence, including the original deed, payment records and communications. Second, inform the Sub-Registrar and District Registrar in writing and request that the property be flagged. Third, lodge an FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023. If the police do not act, approach the Superintendent of Police and then the Magistrate under Section 175(3) BNSS.

Several offences may apply. The Bharatiya Nyaya Sanhita, 2023 punishes cheating under Section 318, cheating by personation under Section 319, forgery under Section 336, forgery of a record of court or public register under Section 337, forgery of a valuable security or Will under Section 338, and using a forged document as genuine under Section 340. Section 82 of the Registration Act punishes false statements, false personation and abetment before registering officers, and Section 83 governs prosecution with the permission of registration authorities.

On the civil side, a forged deed is void. The Supreme Court in Prem Singh v. Birbal, (2006) 5 SCC 353 held that a void document need not be set aside, though a declaration is usually sought to remove the cloud on title. File a suit for declaration of title under Section 34 of the Specific Relief Act, 1963, cancellation under Section 31, possession where needed, and an injunction under Section 38 read with Order XXXIX of the Code of Civil Procedure, 1908. Under Section 31(2), a cancellation decree is sent to the registering officer.

Limitation must be watched. Article 56 of the Limitation Act, 1963 prescribes three years to declare the forgery of a registered instrument from when its registration becomes known. Article 59 prescribes three years for cancellation from knowledge of the facts, and Article 65 prescribes twelve years for possession based on title. Section 17 postpones limitation where fraud is concealed. Record the date you discovered the problem.

If you bought property on a forged deed without knowing it, you are a victim too. Your remedy lies against the seller and intermediaries for refund and damages, alongside criminal action. Section 55(2) of the Transfer of Property Act, 1882 implies a warranty of title by the seller. Unfortunately, a forged deed cannot give you title against the true owner, which is why verification before purchase is so important.

If you are falsely accused of forgery by someone disputing your genuine registration, protection is available. You may seek anticipatory bail under Section 482 of the BNSS and regular bail under Sections 480 and 483. The High Court may quash an FIR under Section 528 BNSS where the dispute is civil. A certified copy from the Sub-Registrar, matching your original, is strong evidence of genuineness.

Constitutional principles support your efforts. Article 300A guarantees that no person shall be deprived of property save by authority of law, and a forged deed cannot lawfully deprive you of your property. Article 14 requires authorities to act fairly in investigating and recording fraud. Article 226 allows the High Court to intervene where authorities refuse to act. Defamation remedies under Section 356 of the Bharatiya Nyaya Sanhita are available against false public accusations.

To conclude, you can check if your property registration is genuine by searching the official registration portal, obtaining a certified copy under Section 57 and comparing it with your original, examining the endorsements required by Sections 52 and 58 to 60, verifying photographs and fingerprints under Section 32A, confirming stamp duty, and checking the encumbrance certificate, indexes and chain of title. If anything is amiss, act quickly through both criminal and civil remedies. Regularly check if your property registration is genuine and take expert advice at the first sign of trouble, because early detection is the best protection against fraud.


Reply
Share: