The Supreme Court has urged the central government to reform land laws and change the British-era registration system. The court has said that the land registration laws of the British era are causing confusion and lawsuits.
New Delhi: The Supreme Court has pointed out the need for major reforms in the structure of land registration and ownership. The court said the existing framework, based on British Raj-era laws, was leading to confusion, inefficiency and massive litigation, and suggested making new laws. Justice P.S. The bench of Narasimha and Joymalya Bagchi recommended that the government should consider using technology like blockchain to solve these problems. The Court directed the Law Commission to conduct a detailed study on the matter. The commission has been asked to submit a report after consulting the central and state governments, experts and other concerned parties.
The system of buying and selling property is governed by three hundred years old laws. They were implemented in a different era, but they remain the backbone of the law today. These laws maintain the disparity between ownership and registration. The court said these things while canceling Rule 19 of Bihar Registration Rules of 2008.
Land registration difficult, digital reforms necessary
The Supreme Court said, 'The old system of land registration makes buying and selling of property difficult and complicated. Buying property is never easy, but it can be a bewildering experience.
About 66% of civil disputes are related to property. In most of the land disputes, the existing system is the main culprit. The old legal framework is full of loopholes like fake documents, encroachments, delays, role of middlemen and varying rules across states. The court said that the administrative procedures in sub-registrar offices are cumbersome and time-consuming.
The court praised the Digital India Land Records Modernization Program and the National Generic Document Registration System and said that digitization alone will not solve the problem. If the records themselves are not accurate, the digital version will magnify the errors.
Adopt technology, change old laws
The Court has recommended that the Centre, along with the States, review and amend the Transfer of Property Act of 1882, the Registration Act of 1908, the Indian Stamp Act of 1899, the Evidence Act of 1872, the Information Technology Act of 2000 and the Data Protection Act of 2023.
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