Highlights

Government of India Think Tank NITI Aayog (National Institution for Transforming India) released Draft Model Act and rules for states on land titling on 30 Oct 2020. Draft Model has been introduced to reduce litigations. In turn, the process of land acquisition will get eased.

Points To Note

  • Draft Model Act and Rules will empower the State Govts to establish, administer and manage system of title registration of immovable properties.
  • Draft Model will reduce large number of land related litigations. It will also help improve land acquisitions.
  • According to Draft Act 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 3 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 (LTAT).

Land Title

A title is a bundle of rights in a piece of property in which a party may own either a legal interest or equitable interest. “It is a registered document that determines the ownership of the land.”

Modernisation and Digitisation of Land Records

Central Govt has implemented National Land Records Modernisation Programme (NLRMP) to improve the quality of land records and make the lands more accessible. Also, the NLRMP seeks to achieve complete computerisation of property registration. National Land Records Modernisation Programme was launched in August 2008

Land Titles in India

The current system of land records was inherited from the Zamindari system of British India. Presently, the rules to title of land is provided by the Transfer of Property Act, 1882. Transfer of Property Act 1882 introduced by Irish lawyer Whitley Stokes. The primary law that regulates the registration of land related documents is The Registration Act 1908.

What is Torrens System?

Government of India set up Several committees to analyse the land and land title related issues in India have referred to the Torrens System. In 1858, Torrens System was originally established in Australia. It was then adopted by other countries such as United Kingdom, Canada, Malaysia, Singapore and Ireland. 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 Govt Guarantee.

Section 11 in The Land Acquisition Act, 1894

  • The true area of the land
  • The compensation which in his opinion should be allowed for the land and
  • The apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him:

NITI Aayog Draft Model Act NITI Aayog Draft Model Act