The Cabinet made a significant decision regarding the registration of property sales on Tuesday, permitting the department of stamp and registration to conduct a mandatory verification of property ownership details prior to the registration of the sale.
Minister of State (Independent) for Stamp and Registration, Ravindra Jaiswal, stated that under the forthcoming regulations, the specifics of which will be developed shortly, the verification of ‘khatauni’ or land records and ownership-related documents will become obligatory before property registration. This measure aims to prevent the registration of fraudulent or disputed land. “We have observed numerous instances where properties are sold by individuals who do not possess actual ownership.
There have also been cases involving the registration of sale deeds for properties that are prohibited or restricted, sales of properties exceeding one’s legal ownership rights, sales of attached properties, and even sale deeds for land owned by the Central or State Government. Such situations often result in disputes and lead to extended litigation and difficulties for the public,” he remarked. Currently, under Section 35 of the Registration Act, 1908, sub-registrars possess limited authority to deny the registration of documents, which sometimes results in registrations occurring even in questionable circumstances.
The proposed amendments aim to enhance their powers. According to the suggested changes, Section 22-A will permit restrictions on the registration of specific categories of documents. Section 22-B will introduce provisions to ensure the identification of immovable property prior to registration, while Section 35-A(1) stipulates that if documents submitted for the registration of immovable property under Section 17(1) lack essential papers related to ownership, rights, identification, lawful possession, or transfer, as specified by the state government through a gazette notification, the registration officer will have the power to refuse registration.
Upon the implementation of the changes, this system will successfully inhibit the registration of fraudulent and contested properties. Comparable modifications have also been enacted in other states to address these concerns. Following Cabinet approval, the bill is now set to be submitted to the state legislature for its endorsement,” Jaiswal stated.
