Brief Overview:
Introduction of end-to-end digital registration, including digital maintenance of records, and electronic issuance of registration certificates, digitization of land records, mandatory registration of equitable mortgage and power of attorney, etc. are some of the key features proposed in the draft Registration Bill, 2025 (“Bill”).
Technical Details:
In the aftermath of the Government replacing the age-old criminal laws, it is now the turn of overhauling the 100 plus year-old Registration Act, 1908 (“Registration Act”). To this end, the Government has introduced the Bill for public comments. Below are some of the key points contained in the Bill:
1) Online registration: The Bill introduces the much-awaited mechanism for end-to-end digital registration. It further provides for digital maintenance of records, and electronic issuance of registration certificates. It also facilitates Aadhaar-based authentication with informed consent, while offering alternative modes of authentication to ensure broader accessibility.
2) Mandatory registration: The Bill, once enacted, will also mandate the registration of certain additional documents such as equitable mortgage, power of attorney, sale certificate, etc.
3) System integration for streamlined access: The Bill seeks to integrate registration systems with other record-keeping agencies to streamline access to property-related data and enhance transparency.
4) Grounds for refusal and rules for cancellation: The Bill gives the registering officer clear ground for refusal of registration and allows the Government to make rules relating to cancellation, with safeguards for natural justice.
Key Takeaways:
1) The proposal to digitalise record keeping and issuance of electronic certificates will ensure smoother and faster conclusion of processes.
2) Implementation of the backend software and processes will be key to such digitalisation. To this end, it will be worthwhile to see how the registration systems are streamlined from a practical standpoint to ensure that the same dovetails with other record keeping-agencies and their already existing processes.
3) Safeguarding of personal data would also need to be addressed not just when the Bill is enacted but also at the implementation stage.
4) Further, streamlining access to property-related data, whereby resulting in digitization of land records will pave the way to providing accurate data for informed decision-making on land use and development.
Juris Corp is evaluating the Bill in detail and will share its comments with the Government within the stipulated timeframe.
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