Property Buying and Selling Rules: Government of Maharashtra has started taking significant steps to bring transparency in land and property purchase and sale transactions and prevent fraud through forged documents.. The Registration and Stamp Duty Department has forwarded an important proposal to the state government for approval to make ‘Aadhaar Card Authentication’ fully mandatory while registering documents at Sub Registrar Offices. If this rule is implemented, it will be impossible to transact land without Aadhaar card.
As per the current registration rules, linking of Aadhaar card at the time of sale of property was not absolutely mandatory, but was kept optional. If a person does not have an Aadhaar card or Aadhaar cannot be linked due to server technical issues, the secondary registrar has the option to ‘skip’ the document registration. By taking advantage of this technical facility, some social activists have submitted fake identity cards and stolen government and private lands without the knowledge of the original owner, many serious cases have been exposed in Pune, Mumbai and other districts. Property Buying and Selling Rules
Alternative 11 documents currently available
As per the current revenue department’s old circular, 11 other alternative documents have been approved for identification if Aadhaar card is not available.
- PAN Card and Passport
- Driving License and Election Identity Card
- MGNREGA Job Card or Bank/Post Office Passbook with photo
- Official Service Identity Card issued by Central or State Government
The main objective of the new proposal is to curb misuse of these alternative documents. Property Buying and Selling Rules
Key provisions and changes in the new proposal
The new proposal sent by the Registration and Stamp Duty Department includes strict rules…
‘Skip’ option will turn off: The ‘Skip’ option will be permanently removed from the computerized system of document registration.
Live Biometric Verification: Aadhaar card of both buyer and seller will be linked directly to the main server of ‘UIDAI’ for biometric identification (fingerprint or eye scanning).
Amendments to Registration Act: Necessary legislative amendments will be made in the ‘Maharashtra Registration Act’ for strict implementation of this new rule. Property Buying and Selling Rules
Benefits to common people from this decision
This proposal will bring great relief to common land buyers and farmers and will strengthen their security in property transactions. If this decision is implemented, the fraud of mutual sale of land by setting up another fake person in his place without the presence of the original owner will completely stop. Both buyer and seller will be biometrically identified by linking Aadhaar card directly to government servers at the time of transaction, thereby creating digital transparency regarding land ownership and preventing possible future fraud. Besides safeguarding common man’s lifetime capital, fake purchase bonds will help reduce complex land disputes and civil suits that drag on for years in courts, saving citizens both mental anguish and wastage of money. Property Buying and Selling Rules
Further processing and implementation
The proposal forwarded by the Stamp Duty Department is currently under consideration of the State Government and an official notification will be issued after the final approval of the Home and Revenue Department. Until then, although transactions through alternative documents are allowed under the old rules, citizens should use Aadhaar card and biometric verification in every land transaction for security reasons. Such advice is being given by legal experts. Property Buying and Selling Rules
