Ban on registration of fake and disputed land, relief from litigation for common citizens
Lucknow: In a cabinet meeting chaired by CM Yogi Adityanath, an important proposal has been approved to make the property registration process more transparent and secure. Under the new provision, verification of Khatauni (land records) and ownership-related documents will be made mandatory before property registration, in order to prevent the registration of fake or disputed land.
Providing details of the decision, Minister of State (Independent Charge) for Stamp and Registration Ravindra Jaiswal said that in many cases it has been observed that property is sold by individuals who are not the actual owners. There have also been instances of registration of sale deeds for prohibited or restricted properties, sale of property beyond one’s legal ownership rights, sale of attached properties, and even sale deeds for land owned by the Central or State Government. Such cases later lead to disputes and cause prolonged litigation and hardships for the public.
At present, under the Registration Act, 1908, sub-registrars have very limited powers under Section 35 to refuse registration of documents. As a result, registrations sometimes take place even in suspicious cases. Keeping these issues in mind, UP government has decided to amend the Registration Act and related rules.
Under the proposed amendments, new Sections 22-A, 22-B, and 35-A will be added after Sections 22 and 35 of the Act.
* Section 22-A will allow restrictions on the registration of certain categories of documents.
* Section 22-B will provide provisions to ensure the identification of immovable property before registration.
* Section 35-A(1) states that if documents presented for registration of immovable property under Section 17(1) do not include necessary papers related to ownership, rights, identification, lawful possession or transfer, as specified by the State Government through a notification in the Gazette, the registration officer will have the authority to refuse registration.
Once implemented, this system will effectively prevent the registration of fraudulent and disputed properties, providing significant relief to citizens from unnecessary court cases and related difficulties. It is noteworthy that similar amendments have also been made in other states to control such issues.
This proposal has been brought under Entry 6 of Concurrent List of the 7th Schedule of the Constitution of India. After cabinet approval, related bill will now be presented before the State Legislature for its approval.
