The Hindu : Tamil Nadu / Coimbatore News : Plea on cancellation of registrations

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Sunday, Jul 05, 2009
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Tamil Nadu - Coimbatore

Plea on cancellation of registrations

Staff Reporter

Coimbatore: The Coimbatore Consumer Cause has urged the Government to initiate steps to prevent cancellation of registrations pertaining to public utility/ reserve sites in local bodies.

In a memorandum, K.Kathirmathiyon, Secretary of Coimbatore Consumer Cause has urged the Secretaries to Government for Municipal Administration and Water Supply and Commercial Taxes and Registration Department to ensure that public utility reserved sites are handed over as gift deed with the signature of the local body officials.

When the official of the local body also signs the document, the promoter will not be able to cancel the registration unilaterally without the signature of the local body official.

Mr. Kathirmathiyon pointed out that recently it had come to light that a gift deed of a public purpose reserved site favouring the Coimbatore Corporation was cancelled unilaterally by the promoter.

The layouts could be approved only if a minimum of ten per cent of the total area was reserved for public purpose and handed over to the local bodies through a gift deed.

As per the existing provisions of the Registration Act, the signatories of a document could cancel the Registration.

Since the gift deed was signed and executed only by the promoter of the land, the one side settlement could be cancelled by the promoter (executants/donor).

Even the local body may not aware of the cancellation.

The cancelled sites/land could also be sold by the promoter.

It is given to understand that already few unscrupulous promoters have indulged in such malpractices.

Since the layouts were approved based on the reserved sites conditions and the building plans were approved based on the approval of the layout, subsequent cancellation of reserve sites will not affect the owners of sites in the approved layout.

Such sites are the properties of the local bodies.

All efforts should be taken not only to safeguard the interest of the future ‘reserved sites’ as well as the existing reserved sites.

Now State Government had made amendment to Registration Act 1908 and introduced a new Section 22 A, replacing the existing one and thereby banned registration of Conveyance of Properties belonging to Govt. or local bodies or CMDA. CCC suggested that Government may notify through the Registration Department that all the public purpose sites of the local bodies, which were donated by the promoters, were all the properties of the local bodies and hence the cancellation of such documents by the Donors (executants) or Registration of the property to some individual’s name should be banned.

Further at present only the Promoter (Donor) is signing the registration documents in respect of the gift deed of the public purpose reserved sites.

CCC suggested that it should be made mandatory that the official of the local body should also sign the document at the time of Registration.

Since the personal appearance of the officials were exempted under section 88(1) of Registration Act, the local body official may sign the gift deed (as a recipient) and then the promoter (donor) should be advised to register the document.

In such a case, the cancellation of the ‘gift deed’ will not be possible since both signatories to the document are necessary.

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