| The city government took the first step towards | | | | property — that may have been fraudulently |
| creating a foolproof system to record property | | | | registered by someone else — is found to be |
| titles — a move that will go a long way in | | | | genuine. Currently, the registration of the |
| preventing fraudulent registry and takeovers. | | | | properties under the Registration Act, 1908 is not |
| The Delhi cabinet on Monday approved a draft bill | | | | mandatory. Moreover, it only provides proof of |
| to introduce a new property titling system. The | | | | presumed ownership and is not a conclusive proof |
| new legislation proposes to set up a nodal body | | | | of title. Also property titling system for urban |
| — Delhi Urban Property Registration & | | | | areas is essential for better efficiency and this is |
| Titling Recording Authority — to maintain | | | | one of the key mandatory reforms under the |
| complete records of all properties. The details | | | | JNNURM. |
| provided will be scrutinized to identify the real and | | | | Since there is no foolproof scrutiny mechanism |
| final owners of all urban properties. | | | | and records of properties are maintained by the |
| Now, the draft bill will go to the home ministry, | | | | sub-registrar office or the land-owning agency at |
| law ministry and ministry of land resources for | | | | the time of registry or mutation, the officials bank |
| approval. Following that, it will be tabled before the | | | | on affidavits filed by owners. It has been seen |
| Delhi Assembly. This entire process would take at | | | | that due to lack of data, the same property gets |
| least a year. | | | | registered more than once by different owners. |
| Under the new system, it is proposed that each | | | | Law In The Making |
| property will be issued a digitised unique | | | | Draft includes setting up Urban Property |
| identification number. A tribunal will also be set up | | | | Registration and Title Recording Authority for |
| to resolve disputes relating to immovable | | | | which government will appoint a chairman and a |
| properties. This aims at dealing with fraudulent | | | | maximum of five members. |
| claims about ownership of a property, as records | | | | Besides setting up service areas for public |
| will be available to prove the real owner in court. | | | | facilitation, it will maintain a register of titles, issue |
| At present, no property ownership records are | | | | certificates of recording of titles and impose |
| available with the authorities. | | | | penalties for violation of provisions. |
| The proposal talks of a transition period of three | | | | It will survey immovable properties in urban areas, |
| years in case of undisputed cases. The titling | | | | record entries, assign unique identification no. to |
| authority will carry out a survey in phases to | | | | properties & maintain electronic records. |
| establish the title of properties. Provisional titles will | | | | Registration will be mandatory. |
| be awarded for three years during the transition | | | | New system will reduce litigation and prevent |
| period after which final titles will be awarded. | | | | encroachment. Property transactions will be |
| The draft also talks of an indemnity fund to | | | | simpler & illegal multiple registrations will not |
| compensate an appellant whose claim to a | | | | be possible. |