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Madras High Court· 01 September 2026

Can a registering officer refuse registration under Section 22-B of the Registration Act, 1908 on mere suspicion of forgery?

The Inspector General of Registration v. Pioneer Engineering Syndicate
WA.275/2026 · 2026:MHC:3667 · WA No. 275 of 2026
Coram: Justice Abdul Quddhose · Justice R.Rajesh Vivekananthan
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Answer

A registering officer cannot refuse registration under Section 22-B of the Registration Act, 1908 on mere suspicion of forgery.

No. A registering officer cannot refuse registration under Section 22-B of the Registration Act, 1908 on mere suspicion of forgery. Forgery is conclusively established only by a Civil Court, because it involves dishonest intent and requires handwriting or forensic examination and the analysis of oral and documentary evidence, none of which a registering authority can undertake. Here the refusal rested on a prima facie view of the parent documents.

Headnote

Registration Act, 1908 — s.22-B — s.77-A — Constitution of India — Art.226 — Refusal of registration — Suspicion of a forged document — Jurisdiction of the registering officer — Registration Act, 1908 — s.22-B — Refusal of registration — Suspicion is not conclusive evidence — Held: A registering officer cannot refuse registration under s.22-B on mere suspicion that a document is forged. Fraudulent intent has to be proved on oral and documentary evidence, which a Civil Court alone can analyse. (¶9) Registration Act, 1908 — s.22-B — s.77-A — Adjudication of title barred to the executive — Held further: The principle on which s.77-A was struck down applies to s.22-B as well: neither permits a registering official to adjudicate title or fraud in the absence of undisputed and conclusive evidence. (¶12) Registration Act, 1908 — s.22-B — Letter of indemnity as a protective condition — Held further: Where registration is directed although title remains open, the presenter must execute a letter of indemnity permitting cancellation should a competent court or authority later find want of authority. Writ appeal disposed of. (¶13, 15)

Headnote

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In the Court's own words
Paragraph 9A suspicion of forgery can be conclusively established only by a civil Court as proving forgery requires concrete evidence, original documents and clear proof of fraudulent intent. In cases of forgery, there may be a requirement for obtaining handwriting or forensic expert which only a civil court can direct and not a registering authority. Forgery also involves the element of dishonest intent. To find out whether there is an intention to deceive, it also requires oral and documentary evidence. The Civil Court alone has the power to analyse the oral and documentary evidence in order to adjudicate whether a party has committed the act of forgery/fraud or not. In the case on hand, merely based on suspicion and only on a prima facie consideration of the documents, the registering authority has refused to register the general power of attorney presented by the respondent for registration by exercising power under Section 22-B of the Registration Act.
Acts & Sections
s.22-B Registration Act, 1908s.77-A Registration Act, 1908s.22-A Registration Act, 1908Art.226 Constitution of India

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Also decided in this judgment
Does Section 22-B of the Registration Act, 1908 empower a registering official to adjudicate title or fraud in a document presented for registration?Must a person obtaining registration by writ direction execute a letter of indemnity in favour of the Registration Department where title remains to be adjudicated?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections