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DYING DECLARSTION class taken by R.CHANDRASEKARAN.Advocate MADRAS HIGH COURT.
by Sekar Reporter · Published August 4, 2021
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2021 CORAM : THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.10177 of 2021 S.R.M.Packiri Rajan 13. It is made clear that this procedure must be scrupulously followed in all cases, where the transaction has been declared to be a fraudulent one by the competent Authority and such order has become final. The Inspector General of Registration shall refer to this order and issue a circular to all the Sub Registrar Offices across Tamil Nadu and direct them to strictly follow the directions issued in the earlier circular dated 31.07.2018. 14. In view of the above, this Court is inclined to interfere with the impugned communication of the third respondent and accordingly, the same is quashed. There shall be a direction to the third respondent to take steps to record the proceedings of the second respondent, dated 30.04.2019 in the relevant books and the same should be reflected in the Encumbrance Certificate. This will effectively reverse the earlier entry that was made when the sale deed was executed in favour of the fifth respondent and which has been subsequently held to be a fraudulent transaction. This process shall be completed by the third respondent within a period of two weeks from the date of receipt of a copy of this order.
by Sekar Reporter · Published June 22, 2021