The rise of fraudulent practices and legal confusion in property transactions is a growing concern in Tamil Nadu. Errors in land records, fraudulent document submissions, and unregulated document preparation lead to significant issues for both buyers and sellers of property. The Registration Department must take concrete steps to address these problems, ensure legal clarity, and safeguard property owners from potential fraud.
How Legal Confusion in Documents Arises
Legal confusion often stems from discrepancies in land records provided by the Revenue Department, such as the Settlement Land Register (SLR) or Urban Development Register (UDR). Fraudulent alterations of survey numbers, land area, or even ownership details can result in inaccurate or manipulated documents. When these documents are used in property transactions, they create legally ambiguous or fraudulent deeds, causing confusion and potential disputes.
Fraudulent Practices in Document Registration
Several fraudulent practices can occur during document registration, including submitting fake or altered documents, falsifying details on existing deeds, and using forged or unregistered documents. These documents may also include fabricated clauses related to easements or common property. Identity theft, impersonation, and the creation of fraudulent documents based on false identities are other practices that lead to legal complications.
Measures to Prevent and Reduce Fraud
The Registration Department must focus on staff training to improve their understanding of land records and ownership documents. Employees need to be able to spot discrepancies and inconsistencies in land records submitted during registration. Sub-Registrars should be trained to carefully examine and verify documents, with the authority to reject suspicious submissions. Additionally, improving awareness about the proper procedures for identifying and reporting fraudulent practices will help reduce the risk of fraudulent transactions.
Reducing Errors During Registration
Overcrowded registration offices, high workloads, and tight deadlines contribute to errors during the registration process. As a result, fraudulent documents or legally flawed registrations may pass through without adequate scrutiny. To address this, the Registration Department should prioritize thorough verification of all documents, particularly for property transfers. Proper verification will help prevent issues from arising in the future and ensure that registered documents are legally sound.
Granting Authority to Investigate Land Ownership
Currently, Sub-Registrars are not authorized to verify property ownership; they simply facilitate the registration process. However, with property ownership becoming more complex, the law should be amended to grant Sub-Registrars the authority to investigate and verify land ownership at the time of registration. This would prevent many fraudulent registrations and reduce future legal disputes.
Specialized Sub-Divisions for Different Registrations
The Registration Department handles multiple types of registrations, from property transfers to marriage and birth registrations. Establishing specialized sub-divisions for each type of registration would improve efficiency and reduce errors. For instance, property transactions could be overseen by a primary Sub-Registrar, while non-property-related matters could be handled by a secondary Sub-Registrar. This division of responsibilities would reduce workloads and increase the accuracy of registrations.
Encouraging the Public to Draft Documents Themselves
The Registration Department has encouraged the public to draft their own documents using online templates, aiming to eliminate the need for middlemen. However, while this initiative is well-intentioned, many individuals lack the legal expertise needed to prepare accurate legal documents. This could lead to the creation of legally flawed documents, which may result in future disputes and complications.
Risks of Self-Drafting Legal Documents
Legal documents, especially property deeds, require precise language and a solid understanding of legal frameworks. Allowing individuals without legal training to draft these documents increases the risk of errors and fraud. The Registration Department should ensure that proper legal guidance is available to the public, whether through licensed document writers or legal professionals, to minimize the risks associated with self-drafting.
Need for Licensed Document Writers
Many unlicensed document writers continue to prepare legal documents for the public without proper legal training. The Registration Department must establish clear guidelines for document preparation and ensure that document writers are properly trained and certified. This would help ensure that all documents submitted for registration are legally sound and free from errors.
Legal Expertise for Drafting Documents
Lawyers are qualified to draft legal documents, but in some cases, unlicensed document writers use lawyers’ stamps to legitimize their work. This practice undermines the legal integrity of the documents and should be strictly regulated. Only properly licensed professionals, such as lawyers or certified document writers, should be allowed to prepare legal documents.
Lack of Standardization in Document Creation
The lack of standardization in the preparation of legal documents is a major issue. The Registration Department should implement standardized procedures to ensure consistency and accuracy in document creation. Ensuring that documents are properly prepared from the start will reduce the likelihood of future legal disputes.
Need for Training and Licensing
The Registration Department should focus on regularizing and standardizing the document writing profession. Conducting exams, providing training, and offering certification for document writers would ensure that they are knowledgeable about the legal requirements for property transactions. This would reduce errors and fraudulent practices, ultimately benefiting the public.
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