LI Network
Published on: January 21, 2024 at 15:43 IST
In a recent directive, the Karnataka High Court has instructed the Inspector General of Registration to register under the Unique Identification Authority of India (UIDAI).
This move aims to empower registering authorities to verify the authenticity of Aadhar Cards presented before them during document registration processes.
The Court deliberated on the pivotal question of whether a Registering Officer is obligated to go beyond the presented identity card and verify the identity of the individual presenting a document.
The Court emphasized that as long as the Aadhar number is reflected in the registered document, it suffices as prima facie verification of the person’s identity.
Justice Suraj Govindaraj, in a single-bench ruling, commented, “These kinds of situations could well have been avoided if a suitable mechanism had been put in place to verify the authenticity of Aadhar card which had been produced when it is the very purpose of the said Aadhar card to establish the credentials and identify a person.”
The case involved a petitioner claiming ownership of a piece of land, with an imposter executing a fraudulently registered agreement of sale for the land.
This fraudulent transaction led to entries in the encumbrance certificate. Despite the petitioner’s complaint, the matter was already under investigation. The petitioner sought the removal of entries in the encumbrance certificate, but the request was rejected. The petitioner challenged this rejection in the High Court.
The Court also addressed the question of whether the Sub-Registrar has the authority to delete entries in the encumbrance certificate when the registered agreement, forming the basis of those entries, is being set aside.
The court clarified, “Cancellation of the entries in the encumbrance certificate is predicated by registration of a document, and unless that document is set aside or cancelled, I am of the considered opinion that the entry in the encumbrance certificate cannot be cancelled or deleted.”
Consequently, the High Court issued directives to the Inspector General of Registration and Commissioner of Stamps, mandating the former to register under UIDAI. This ensures that when an Aadhar card is presented during document registration, the registering authority verifies its authenticity and the individual’s identity before proceeding.
In the final disposition, the High Court dismissed the petition.
Case Title: Ramesh v. The Sub-Registrar, Jamkhandi
