Madurai

Registration dept. mulls making life certificates must

The Registration Department has informed the Madras High Court Bench here that it was in the process of introducing a statutory rule making it mandatory for power of attorney holders to produce a life certificate, at the time of execution of sale deeds, to prove that the property owners concerned were alive for about 30 days before the date of execution.

Additional Advocate General K. Chellapandian made the submission during the hearing of a writ appeal preferred by the Inspector General of Registration, S. Murugaiah, challenging an order passed by a single judge of the High Court on July 31 against a circular issued by the department on February 2, 2013, making production of life certificates mandatory.

The circular, issued by the then IG of Registration Dharmendra Pratap Yadav, had been upheld by a Division Bench of Justices V. Ramasubramanian and V.M. Velumani on June 13, 2014, by stating that it was aimed at protecting innocent property purchasers from being taken for a ride by fraudulent land dealers holding invalid power of attorney documents.

The decision of the Division Bench was confirmed by the Supreme Court too on August 3 this year with an observation that “the term ‘within a period of 30 days’ (in the circular) has to be understood in the past tense, that is the executant was alive 30 days prior to the date of execution of the sale deed…The clause can never be read futuristically and it has to relate to past.”

However, in the meantime, a single judge in the Principal Seat of the High Court in Chennai set aside the circular on August 16, 2014. That judgement was followed by another single judge in the Madurai Bench too just a couple of days before the Supreme Court verdict, the AAG said and obtained an interim stay on the operation of the latest order of the single judge.

At the time of execution of sale deeds, to prove that the property owners concerned were alive for about 30 days before the date of execution


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Printable version | May 27, 2022 11:19:43 pm | https://www.thehindu.com/news/cities/Madurai/registration-dept-mulls-making-life-certificates-must/article7687299.ece