KKN Gurugram Desk | In a significant move towards modernization, the Central Government of India has proposed to overhaul the current Registration Act, a law that has been in place for over 117 years. The new legislation aims to streamline the land and property registration process, making it more transparent, efficient, and secure through the introduction of online property and land registration systems.

The new draft bill focuses on ensuring the digital preservation of documents and making online registration mandatory for property transactions across the country. The Ministry of Rural Development, under the Department of Land Resources, has released this draft bill for public review, marking a major step in digitizing the property registration system. The bill is expected to replace the old Registration Act, which is still in effect in various states.

Current Registration Act and Its Relevance

The Registration Act of 1908 currently governs property and land registrations across India. While this act is still operational nationwide, it gives the state governments the authority to make amendments. However, any modification requires consultation with the Central Government. Several states have already made amendments to this law to allow online registration, and the central government has now decided to bring a comprehensive, nationwide law that will standardize the registration process and make it digital for the entire country.

The new law will address long-standing challenges in land transactions, ensuring a smooth process for the sale, purchase, and transfer of properties. The aim is to bring transparency and ease into a system that has been fraught with delays and challenges, particularly in rural areas where the property registration process has been cumbersome.

Key Features of the Proposed Online Property Registration System

The proposed bill includes several key changes to the existing registration process. These changes aim to streamline the property transaction process and prevent fraudulent activities. Here are some of the critical aspects of the new proposal:

1. Mandatory Online Registration for Property Transactions

Under the new system, certain critical property documents will now require mandatory online registration. This includes documents like:

• Agreement to Sale

• Power of Attorney

• Sale Certificates

• Equitable Mortgages

These documents, which previously could be registered manually, will now have to be registered online. This move is aimed at increasing the efficiency of the registration process and reducing the time taken for property transfers.

2. Aadhaar-Based Verification System

One of the major features of this proposed system is the introduction of Aadhaar-based verification for property transactions. This system will ensure that the identity of parties involved in the transaction is verified using the Aadhaar number, making the process more secure and reducing the chances of fraudulent activities.

• Consent-Based Verification: Citizens will need to provide their consent for Aadhaar-based verification.

• Alternative Verification: For those who do not wish to share their Aadhaar details, an alternative verification method will be provided to ensure that no one is excluded from the process.

This move is seen as a significant step towards addressing the growing concerns related to fraud in the real estate market. The use of Aadhaar for verification will help ensure that property transactions are legitimate and that the parties involved are authentic.

3. Electronic Registration and Digital Record Keeping

The new system will also include provisions for electronic registration certificates and digital record-keeping of property documents. This will allow the registration process to be conducted entirely through online platforms, making it easier and faster for property buyers and sellers to complete their transactions.

• E-submission of Documents: Property documents will now be electronically submitted for registration.

• Digital Storage: All registered documents will be stored digitally, which will make future reference and retrieval easier and more secure.

This initiative aims to improve the digitization of land records and ensure that property-related documents are preserved in a secure and tamper-proof manner.

Impact of the Online Registration System

The implementation of online registration for property transactions will have several far-reaching impacts on the real estate sector, both in urban and rural areas. Here are some of the expected benefits of this system:

1. Increased Transparency

By shifting the registration process online, the government aims to eliminate corruption, manual errors, and delays associated with traditional land registry methods. This will make the system more transparent, ensuring that all property transactions are recorded accurately and promptly.

2. Reduced Fraud and Misuse of Documents

The new Aadhaar-based verification system will play a crucial role in reducing fraud in property transactions. It will ensure that only legitimate buyers and sellers are involved in the process, preventing the use of fake documents and identities in property deals.

3. Efficient Processing

Online registration will drastically reduce the time it takes to complete property transactions. With the ability to submit documents and verify details digitally, buyers and sellers can expect a much quicker and more efficient process. This will be particularly beneficial for those involved in time-sensitive property deals.

4. Access to Rural Areas

One of the most important impacts of this proposed system will be the inclusion of rural areas in the registration process. Historically, rural regions in India have faced challenges in property registration due to lack of access to physical registration centers. With the introduction of online registration, people in rural areas will be able to access the system from the comfort of their homes, improving accessibility.

Challenges to Overcome in the Online Registration Process

While the proposed changes have the potential to significantly improve the property registration system, there are also several challenges that will need to be addressed:

1. Technological Infrastructure

For the online registration system to work effectively, a strong technological infrastructure will be required. This includes high-speed internet access, secure online platforms, and reliable government portals. Ensuring that rural areas have access to these resources will be crucial to the success of the initiative.

2. Digital Literacy

A significant barrier to the widespread implementation of this system will be the digital literacy of the population. Many property buyers and sellers, particularly in rural areas, may not be familiar with the process of online registration. Training programs and awareness campaigns will be necessary to ensure that all citizens can make use of the new system.

3. Data Privacy and Security

As the system will be based on Aadhaar-based verification, concerns about data privacy and security will be paramount. The government will need to ensure that citizens’ personal information is protected and that the online platform is secure from cyber threats.

The move towards online property registration is a significant step in modernizing India’s real estate sector. The proposed changes to the 117-year-old Registration Act are expected to bring about greater transparency, efficiency, and security in property transactions. By introducing Aadhaar-based verification and digital record-keeping, the government aims to create a more robust and trustworthy system for buying and selling property.

While there are challenges to overcome, such as technological infrastructure, digital literacy, and data security, the future of property registration in India looks promising. With online registration becoming the norm, property transactions in the country will become faster, more accessible, and less prone to fraud, benefiting both urban and rural populations.