Government invitations public strategies on draft Registration Bill of properties

Under the prevailing regulation, the Registration Act of 1908, solely a restricted set of property transactions are mandated for registration, similar to sale deeds of immovable property, present deeds, and leases longer than a 12 months. However, many frequent property transactions, together with agreements to promote, developer agreements, or power-of-attorney transfers, are sometimes not formally registered with the federal government by means of contracts. This lack of registration leaves each consumers and sellers susceptible to fraud.

Additionally, the draft Bill mandates the registration of property transfers—together with land, factories, and workplaces—of personal firms in instances of merger, de-merger, or restructuring. While these transfers are accepted by courts underneath the Companies Act, property transfers usually weren’t formally registered with the federal government, in keeping with sources conversant in the matter. This oversight, folks conscious of the matter famous, create important issues as land information didn’t precisely mirror the precise proprietor.

The 2025 draft Bill explicitly clarifies the scope of obligatory registration: “One of the key features of the Bill…[is] expanding the scope of compulsory registration to reflect contemporary property and transaction practices. The Bill expands the list to include agreements to sell, powers-of-attorney, sale certificates issued by competent authorities, and certain instruments based on court orders. There will be compulsory registration of documents and instruments in respect of amalgamation, reconstruction, merger, and demerger of companies and transfer of immovable property at the time of formation of companies pursuant to any order passed under the Companies Act, 2013.”

The Bill additionally introduces provisions to assist on-line registration, together with digital presentation and admission of paperwork, issuance of digital registration certificates, and digital upkeep of information.

Furthermore, the draft Bill said: “Aadhaar-based authentication with informed consent is permitted, alongside alternative verification mechanisms for individuals who do not possess Aadhaar or choose not to use it.” The Bill additionally permits digital integration with different record-keeping programs to boost the effectivity and integrity of data flows.

A lawyer specializing in property-related disputes, who wished to stay nameless, said: “Agreements to sell or power-of-attorney, whether oral or with documentary evidence, are not new. What’s new is that it seems unless these are registered with the state, they will not be considered legally enforceable in property disputes. This is just old wine in a new bottle. One has to take a macro view and read the draft in conjunction with property rights granted through various surveys and the digitisation of all property records.”

The final day for the general public to ship its opinion on the draft Bill is June 25 after which one other consultative course of will start. People within the know mentioned that the Bill could also be launched within the monsoon session of the parliament, offered all formalities are fulfilled.