Why we need conclusive titles: This will make property records clear and easily accessible through IT-enabled citizen services
Dr Chennamaneni Ramesh - Published: 24th Apr 2019
( In India registration is related to document and not title. In Australia and many other countries, registration means title. It can be legally challenged. If challenger wins, he gets compensation and not title. This is a positive system. Indian system has resulted in litigations and short-term benefits to exploiters. For decades, efforts were made for absolute title. Nizamabad District Project was completed successfully using Photogrammetry ten years back under Integrated Land Information System (ILIS) at a cost of less than Rs 200 per acre. It stands out as a model for Telangana and the country. This is the first time that a firm announcement by the chief minister of Telangana has been made. Extracts from the article by a senior politician supporting issue of Title are givne here – Editor, Maps Today)
Dr Chennamaneni Ramesh, MLA and Expert in Agriculture, Environment and Cooperation)
Telangana Chief Minister K Chandrasekhar Rao recently declared that the State government will enact a “revolutionary and path-breaking” Revenue Act by this June. “Every little bit of land will be accounted for. After June, once the Act is in place, every issue, whether related to ownership by tribals, non-tribals, podu, revenue or non-revenue land, will be identified and conclusive titles will be issued,” he said
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Currently, the Transfer of Property Act, 1882, provides that the right (or title) to an immovable property (or land) can be transferred or sold only by a registered document. Such documents are registered under the Registration Act, 1908. Therefore, the registration of land or property refers to the registration of the transaction (or sale deed) and not the land title. This means a registered sale deed is not a government guarantee of land ownership.
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This means, land ownership is presumptive in nature, and subject to challenge. The onus of checking past ownership records of a property is on the buyer, and not the registrar.
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As a result of conclusive titling, maintenance of property records will cease to be merely a tool for governance and revenue generation but will be added to the agenda of citizen services. This is a fundamental shift from the past and the new approach is in the absolute interest of the people.
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Land’ is a State subject …………..Each State government will have to bring in its own laws keeping in mind the overall spirit of conclusive titling and at the same time adjusting local requirements.