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Madras High Court· 01 September 2026

Does Section 22-B of the Registration Act, 1908 empower a registering official to adjudicate title or fraud in a document presented for registration?

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

Section 22-B of the Registration Act, 1908 does not empower a registering official to adjudicate title or fraud in a document presented for registration.

No. Section 22-B of the Registration Act, 1908 does not empower a registering official to adjudicate title or fraud in a document presented for registration. Section 77-A, which allowed District Registrars to cancel registered documents thought fraudulent, was struck down for conferring excessive quasi-judicial power on executive officials; the same principle governs Section 22-B, which acts as a shield before registration against forged or legally prohibited transactions and requires undisputed and conclusive evidence.

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 12Section 22-B gives the registration officials the power to refuse the registration of forged or prohibited documents upfront, whereas Section 77-A (prior to it being deemed as unconstitutional by the Division Bench of this Court), was designed to give District Registrars the power to cancel documents already registered if they violated Section 22-A or 22-B. Section 22-B acts as a shield before registration by enabling the Sub- Registrar to reject bogus, forged or legally prohibited transactions, whereas 77-A, prior to its repeal from the statute book, acted as a corrective tool after registration, empowering the District Registrar to conduct an enquiry and cancel a registered document found to be fraudulent contrary to Section 22-A and 22-B. Section 77-A of the Act was struck down by the Division Bench of this Court in Kathirvel's case, for conferring excessive quasi-judicial powers on executive officials to adjudicate civil title and property disputes. The same principle applied by the Division Bench of this court in Kathirvel's case for testing the vires of section 77-A of the Registration Act, will have to be applied to Section 22-B of the Act as well. Only based on mere suspicion, the appellants have refused to register the General Power of Attorney presented by the respondent for registration. There is no undisputed and conclusive evidence available for coming to the conclusion that the Power of Attorney presented by the respondent for registration will fall under any of the categories of illegal documents provided 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
Can a registering officer refuse registration under Section 22-B of the Registration Act, 1908 on mere suspicion of forgery?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