Main Features of “Land Titling Bill 2010”

May 29, 2011     Posted under: Investment

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Property disputes have always been centered on the defects in the title of a property. Fraudulent transfers and misrepresentation of facts related to the nature of ownership of the property made to native buyers are not uncommon. In order to deal with the problem, the Government has proposed a draft ‘Land Titling Bill 2010’. The main objective for this is to promote good governance and bring about transparency in the maintenance and updation of property record of immovable property. The focus for the new system is to propose a system to remove irregularities – in addition to title guarantee and indemnification against losses caused due to inaccuracies in property titles. Some features of this below are as given below:

  • Establishment of a land titling authority having certain powers and responsibilities such as maintaining and updating the register of titles, register of disputes, index of maps, etc. for immovable properties in notified areas.
  • This authority, while discharging its function under the bill, shall have the same powers as are vested in a civil court.
  • The authority shall have four divisions – title registry; survey, settlement and land information system; property valuation; and legal services and title guarantee.
  • Assigning of a unique property identification number to each immoveable property in the notified area.
  • The title shall be required to be obtained for the land on which the property is situated, irrespective of the fact whether or not construction of the property is complete.
  • Maintaining records of total area, built-up area, charges (such as equitable mortgages), details of previous transfers of a particular property and pending disputes with respect to the property, etc.
  • Undertaking of objective valuation of immoveable properties in the notified area.
  • Conducting inquiries for any purpose under the bill, such as probing irregularities in provisional titles that come to its notice.
  • Maintaining a register of disputes containing details of the nature of pending litigation for immoveable properties in the notified areas such as details of parties involved, details of court/ tribunal where dispute is pending, details of court decrees/ orders, details of appeals by parties, final order/ decree of the court, etc.
  • Establishment of a special body to facilitate speedy redressal of disputes, namely the land titling tribunal to adjudicate on matters related to the Act.
  • Under this bill, property records are sought to be maintained in both paper and electronic form with additional checks in place such as records of biometric identification, photographs, etc.
  • All such information will be available in the public domain and furnished upon request.

Any title recorded in accordance with the provisions of this bill, when enacted, shall be considered as evidence of the marketable title of the titleholder, subject to other provisions of the Bill.

NitiN Kumar Jain

Nitin works in an IT MNC professionally but blogs and owns NKJ Live. He is also the co-owner of a professional start-up ARGHAM BYTES

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