All in the draught Land Titles Model Act
A draught model act concerning land titles has been published by THE NITI Aayog. We look at 11 key facts about the proposed model law framework
Flats for rent in kharghar, NITI Aayog issued a draught Model Land Titling Act and Rules for States on Definitive Land Titling to simplify the land acquisition process for infrastructure projects and curb disputes. Here are 11 key facts regarding the model legislation that grants states the authority to order the establishment, administration and maintenance of an immovable property registry title scheme.
Appointment of property authority, office of title registry
States have been granted the right, by the appointment of land authority and title registry officers, to create a system of title registration for any or some form of real estate. States will then set up a land authority to ‘exercise and discharge such powers as may be bestowed on it and discharge such duties as may be delegated to it by or under this Act, or under any other statute that may be informed by the state government.’ Within city boundaries, the title registry officer will exercise the powers and perform the duties. His seal would be admissible in the court of law as fact, without any more or other evidence.
The land authority will hold and maintain a list of immovable assets in the areas notified under it. The census record of precise or approximate borders or boundaries and the title record are among the data that the record of the land authority would bear. For the purposes of disposition of claims and objections, the title registry officer shall compile a draught list of titles for each property situated in the notified area and shall allow all individuals with some interest in any property to file claims or objections.
The Names Register
A Title Register will be prepared where only an undisputed immovable property is entered by the title registry officer. “As specified under the Indian Evidence Act , 1872, such entries shall constitute definitive evidence of such titles in relation to certain immovable assets,” says the draught legislation.
In order to be retained by the title registry officer, the Register of Titles shall include the following details with respect to each property:
- Specific property I d code.
- The location or scale of the land, including descriptions of the built-up area.
- Names in their respective scope of possession of all title holders.
- Information on land transactions, including transfers attributable to inheritance.
- Any specifics of covenants or claims against the land.
- Details about ongoing land cases.
- The Registry of Title achieves conclusivity without any external intervention within three years after its notice.
Index of Scandals
A Register of Conflicts may also be kept by the title registry officer, including descriptions of:
- All incidents responded to or taken up suo moto by the land dispute resolution officer under Section 10.
- Objections or complaints lodged in compliance with Sections 13, 15 and 16.
- Both suits and appeals subject to Section 18.
- The people involved in the confrontation.
- The platform that such a disagreement is pending.
- Attachments of land under any judge or tribunal or regulatory authority’s court decrees, injunctions and directives.
The Costs and Covenants Registry
A Register of Charges and Covenants may also be maintained by the Title Registry Officer with regard to all immovable properties situated in the notified areas, containing the following information:
- Covenants and charges ordered under Section 10 of the Act against any immovable property.
- Intimation issued under Sections 18 and 20 to the authority.
- Details of all regulatory payments, including fees under the Companies Act , 2013, as reported to the authority pursuant to Sections 18 and 20.
- Special rights, arrangements or easements produced at the time of transfer, inheritance, division or contract, by either entity, etc.
- Release of rights or charges on mortgages.
- Date of the charge formation.
- The real estate to which the fee applies.
- The amount of the charge secured.
- Quick details of the fee.
- The individual / s in whose favour the charge was made.
- Specifics of fee release.
Registers by automated means
The draught law notes that all registers to be kept by the authority shall be kept as prescribed in electronic form or in some other form.
Proof of a title
‘topic to the entries in the Registry of Charges and Covenants and in the Register of Disputes, any title registered in the Register of Titles in compliance with the provisions of this Act shall be deemed to be evidence of the title of the titleholder,’ the legislation states.
Redressing the Conflict
An aggrieved party can, by entering in the record of titles notified pursuant to Section 11, file an appeal with the title registration officer within three years of the date of such notification. The matter would then be heard by the land dispute resolution officer and settled. An appeal can be placed before the Land Titling Appeals Tribunal by a party aggrieved by an order of the land dispute resolution officer. A special High Court (HC) bench shall be named to deal with appeals against orders given by the Land Titling Appellate Tribunal under Section 15, the draught notes. An appeal should be lodged with the HC within 30 days of the tribunal ‘s decision.
The plan further adds that the Land dispute settlement Officer and the Land Titling Appeal Tribunal are one-shot entities that, if practise is limited, will fade away.
When the act comes into effect
Except in compliance with the provisions found in Chapter VIII of this Act, no transaction involving any property can take place. Claimants, public bodies, government officers, financial institutions or any other involved person shall be responsible for reminding the title registrar, along with the required documentation, of the pre-existing burdens and acts concerning the notified property within 90 days of the date of notification and also for obtaining its certificate of registration.
Name succession in succession
In the event of the death of a person whose name is entered in the Registry of Titles as the title holder, the legal heirs of the deceased will file an application with the title registrar concerned to grant succession and to substitute the name of the deceased with the name of the deceased.
Request for sale, buy
Buyers would have to apply to the jurisdiction formed under the legislation for purchases after the law comes into effect. This will extend to all kinds of transactions connected to land.
“Notwithstanding anything found in the Sale of Land Act, 1882, the Registration Act, 1908 and any other legislation currently in effect, all owners or title holders or claims of immovable property situated in a notified area shall, in view to any arrangements, acts or transactions relating to such property pursuant to this Act, file an application for transactions,” the Act states.
Transactions protected by the Land Titling Authority
The payments on which the authority would have to make an application include:
- Any act designed to establish, grant, register, restrict or extinguish any right , title or interest, whether vested or contingent, in any land, in the present or in the future.
- Declaration, establishment, assignment, restraint or extinction of any right, title or interest effected by the reception or payment of any consideration.
- Creation of fees by way of some form of mortgage, bar and release of equal mortgage.
- Creation of fees by way of some form of mortgage, bar and release of equal mortgage.
- Land leasing or reservation with an annual rent or occasional premium and its cancellation / surrender.
- Transfer or transfer of any decree or order of a court or any award where any decree, order or award is intended or exists to make, grant, enforce, restrict or extinguish, presently or in the future, any right, title or interest in or in a land, whether vested or contingent.
- Any decree, order or award passed by a federal court, including any decree, order or award passed, either with the defendant’s consent or on substantive facts.
- Any title modification.
- Easementary privilege, privileges of appurtenant, or rights to terrace.
- Agreements for selling, building, or development.
- Powers of attorney involving immovable objects, allowing the agent to sell or create or construct property.
- Agreements-cum-general attorney control related to land.
- All mergers, mergers and demergers of property-related enterprises.
- Contracts to transfer, by any name, any land for the purpose of Section 53-A of the sale of goods act, 1882, or an offer to sell, for payment.
- Settlement of kin.
- Any changes of properties after the end of joint corporations, including partnerships with limited liability.
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