NITI Aayog releases Draft Model Act on Land Titles

On October 30, 2020, NITI Aayog released Draft Model Act and rules for states on land titling. This has been introduced to reduce litigations. In turn, the process of land acquisition will get eased.

Key Features

The Model Act and Rules will empower the State Governments to establish, administer and manage system of title registration of immovable properties. Also, it will reduce large number of land related litigations. It will also help improve land acquisitions.

The Draft Act says that is a person feels that he is unfairly treated in the Record of Titles notified under Section 11 may file an objection in Register Office within three years from the date of notification. Also, the title registration officer shall make an entry in the register of disputes and refer the case to the land dispute resolution officer.

A person aggrieved may also appeal before the Land Titling Appellate Tribunal.

What is land title?

It is a document that determines the ownership of the land.

Modernisation and Digitisation of Land Records

The Government of India has implemented National Land Records Modernisation Programme to improve the quality of land records and make the lands more accessible. Also, the programme seeks to achieve complete computerisation of property registration.

Land Titles in India

The current system of land records was inherited from the Zamindari system of pre-independence days. Currently, the rules to title of land is provided by the Transfer of Property Act, 1882. The primary law that regulates the registration of land related documents is Registration Act, 1908.

What is Torrens System?

Several committees that were set up to analyse the land and land title related issues in India have referred to the Torrens System. It was originally established in Australia in 1858. It was then adopted by other countries such as UK, Malaysia, Singapore, Ireland and Canada. The Torrens system works on three basic principles namely

  • The land titles completely reflect the rights and ownership of person
  • The ownership need not be proved by documents such as title deeds.
  • Compensation is provided to persons suffering from loss of land through Government Guarantee.

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