Draft Model Act on Land Titles

The NITI Aayog released a draught version of the land titling statute and policies for states on conclusive land titling on October 31, 2020, to simplify the land purchase process for infrastructure projects and reduce conflicts. Eleven important details about the version of the law that grants states the authority to set aside funds for the establishment, administration, and maintenance of a system for immovable property name registration are listed below.

States now have the right to designate land authority and name registration officials to build up a system of name registration for any type of immovable property. Then, states may establish a land authority, which “will exercise and fulfill such powers and discharge such characteristics as may be bestowed upon it by or under this Act, or under any other rule that the National Authorities may also announce.” Within close-by limitations, the name registration officer will exercise his or her authority and fulfill his or her duties. Without any further other evidence, its seal may be used as evidence inside a legal courtroom.

A Register of Titles may be created, to which the name registration officer may gain the greatest information on uncontested real estate. According to the proposed rule, “Such entries shall be irrefutable proof, as defined beneath Indian Evidence Act, 1872, of such titles in admiration of such immovable assets.” A Register of Titles shall be kept by the name registration officer and contain the following information concerning each item:

• Distinctive identity variety of possessions.
• Size or amount of the possessions, together with information on the built-up area.
• Names of all name owners together with the percentage of ownership for each.
• Information on property transfers, including succession transfers.
• Information on the pricing or covenants related to the property.
• Information on pending lawsuits involving the property.

A party that has been wronged may also file an objection with the name registration officer within three years of the date of the notice by accessing the report of titles that were notified following Section 11. The land dispute determination officer will then hear the matter and decide how to proceed. A birthday party who is unhappy with a judgment made by the land dispute decision officer may also file an appeal before the Land Titling Appellate Tribunal. According to the proposal, a special High Court (HC) bench would deal with challenges against rulings transgressed under Section 15 by way of the Land Titling Appellate Tribunal.

Within 30 days following the tribunal’s ruling, an appeal inside the HC must be lodged. The draft also states that the Land Titling Appellate Tribunal and the Land Dispute Decision Officer are one-time organizations that would disappear whenever work slows.

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