Tue Jan 21 14:52:42 UTC 2025: **Karnataka High Court Upholds Criminal Case Against Deed Writer for Negligence**
Bengaluru, January 21, 2025 – The Karnataka High Court has refused to quash a criminal case against a deed writer accused of negligence in verifying documents before drafting a land sale agreement. The court ruled that licensed deed writers in Karnataka have a legal duty to thoroughly investigate title and documents, a responsibility outlined in the Karnataka Registration (Deed Writers Licence) Rules, 1979.
The case involves Shekhar, a 52-year-old deed writer from Doddaballapur, who prepared a land sale agreement based on a potentially forged general power of attorney (GPA). The actual GPA holder filed a complaint alleging impersonation and fraudulent sale of approximately three acres of land worth ₹1.15 crore. Shekhar argued that his role was limited to verifying presented revenue and RTC records, and that he had only drafted the agreement based on documents provided by an advocate.
However, Justice M. Nagaprasanna disagreed, citing Rule 2(i) of the 1979 Rules, which explicitly states a deed writer’s responsibilities include “conveyancing, investigation of title, preparation of draft deed, and engrossing deed on stamp paper.” The court noted significant discrepancies between the photograph of the GPA holder on the original document and the one used in the sale agreement, suggesting a clear failure on the part of the deed writer to perform due diligence.
The High Court found that a prima facie case exists against the petitioner and the sub-registrar of Doddaballapur, who is also implicated in the case. The sale deed itself has yet to be registered. The court’s decision allows the criminal investigation to proceed.
First Piper 