States to discuss Land Titling Bill

The Centre plans to table the Land Titling Bill in the ensuing monsoon session of Parliament to bring in transparency and efficiency, especially in the urban land management system.

The Bill aims to provide clear titles to properties through a robust recording system which would reduce litigation and prevent encroachment. The legislation, currently circulated among states for suggestions, proposes to amend the Indian Stamp Act of 1889, the Registration Act of 1908, the Land Acquisition Act of 1894 and the Limitation Act of 1963.

A system of recording titles of properties would be set up that would have the benefit of enabling a framework for protecting property titles from fraud. The provisions of the Bill would come up for a comprehensive debate at a two-day meeting of inspectors general of registration and secretaries of the respective state departments in Lucknow, starting tomorrow.

“Any robust city development is possible if there is safety in recognising the legal and transferable rights on a property. This involves two things — the creation of a system of recording property rights in urban areas and to enable easy trading in the rights through an effective registration system. Though there is a system for recording rural land titles through khasra and khatauni and girdawari, there is no such system prevalent in the urban areas,” A Maharashtra government official, who did not want to be identified, told Business Standard.

He informed the registration of properties under the Registration Act was not be mandatory and it only provides proof of presumed ownership but was not a conclusive proof of title.

In the absence of any system, there have been instances of duplicate claims to property through forced wills, duplicate power of attorneys and false registration claiming ownership.

“Transactions in land will become simpler, quicker, accurate and secure. This will also improve the urban planning considerably as reliable data will be available. Credit crunch in property growth will be tackled due to the better value of the collateral offered on account of a better titling system,” the official said.

The Bill also aims to form a titling authority which would play a key role in establishing a system of registering titles of immovable properties. It would be mandatory for all documents relating to the registration of memorandum recording creation of mortgage by deposit to title deeds, memorandum recording family settlement involving immovable properties, notices under section 52 of the Transfer of Property Act, 1882.

The government would also set up a title registration office and the authority would prepare a record of all immovable properties in the notified area. The titling registration officer, district land titling tribunal and state land titling appellate tribunal would be empowered to enquire the processes of preparation and updation of register of titles.

They would have similar powers as vested in a civil court under the Code of Civil Procedure, 1908, when hearing an objection or dispute.

Moreover, the Title registration Officer may inspect or summon the production of any of the documents or records or registers in respect of immovable property within the notified area, during the process of holding an enquiry before ordering an entry in the register of titles.