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What Exactly Is The Land Titles Draft Model Act?
  • June 30, 2022
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What Exactly Is The Land Titles Draft Model Act?

A Draft of the Model Land Titling Act and Rules for States on Conclusive Land Titling was release by the National Institution for Transforming India, or NITI Aayog, on October 31, 2020. The proposed model act’s principal goals were to minimize dispute and streamline the land acquisition procedure for infrastructure projects.

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What is the Land Titling Act?

The phrase “land titling” is used to refer generally to the initiatives launch by the Union government to enable individuals and governments to exchange or trade in land or property rights. The model law pertaining to real estate or land titles A system of title registration for immovable assets would be establish, administer, and manage by the State as well as the Union government with the help of titling.

The Draft Model Land title Act seeks to drastically lower the amount of land-relate conflicts and lawsuits. The improvement of land acquisition for infrastructure and development projects is another benefit of the land title model act.

Important aspects of the Draft Model Land

  • The legislation will give state governments the authority to establish, manage, and maintain a system for registering title to immovable property. Since the act is only a model, states may choose to adopt it or create legislation that is exactly like it.
  • The Land Conflict Resolution Officer and Land Appellate Court are one-stop shops that are disband. When the position shrinks in accordance with the model laws.
  • Within three years after the date of such notification, anybody wishing to complain about a listing in the Title Record or land title may do so by contacting the Title Registration Officer.
  • The Land Dispute Resolution Officer will then be contact when the Title Registration Officer has enter the information into the Dispute Register and the Title Registry.
  • Within 30 days of a land dispute resolution officer’s order being issue. A party that has been negatively impact by it may file a petition with the Land Titling Appellate Tribunal.
  • The special bench of the High Court shall be form to hear appeals against decisions made. The Land Titling Appellate Tribunal.
  • If a person has pass away whose name is list as a titleholder. The Titles Register, their heirs may petition to the title’s register officer, approve succession, and replace. The deceased person’s name with their own.
  • The State must guarantee the accuracy of the final land title and demand compensation for any discrepancies.

What Is Presume Land Titling? (Common in India)

India now has a presumptive land titling system. Presumptive land titling involves the maintenance of land records that contain information regarding possession; this information is based on previous business dealings with the relevant land parcel or property.

According to this theory, ownership is determine by current possession. India wants to transition to a system of conclusive land titling under the Model Land Titling Act.

The properties are frequently register in the names of grandparents since the village land records are now out of date. A convincing land records system will provide extra difficulties if the land records are not update.

What does the Dispute Registry do?

All cases in Section 10 that are sent to a land dispute resolution officer. Information on appeals made in accordance with Articles 13, 15, and 16, and appeals mentioned in Paragraph 18 are all kept on file with the Registry of Disputes.

What kinds of information does the title registration officer maintain?

The Title Registration Officer must keep a Registry of Titles that includes information about each title, including the owner’s name, a unique property identification number, the property’s size and the build-up area. Information on property transfers and succession, facts on lawsuits brought against the home and information on on-going land conflicts.

Any owners or title holders or claimants of property located in the area alerted shall make an application for transactions. In respect of all dealings, acts, or transactions pertaining to such property in the terms of the Registration Act (1908), 1882. All other laws now in effect.

In conclusion, a thorough village-level survey involving the local population is essential before the land titling legislation is put into effect. The nation needs a comprehensive system or repository of land records. That includes agricultural, infrastructural, residential, and industrial property tracts and is accessible from both urban and rural locations.

 

 

 

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