Centre proposes online registration of property, docs such as 'agreement to sell'

NEW DELHI: As part of an exercise to make life simpler for citizens, the Centre has drafted a bill to replace the 117-year-old Registration Act which proposes to introduce online registration of property and mandates registration of documents such as ‘agreement to sell’, power of attorney, sale certificates and equitable mortgage arrangements, among others.

The department of land resources under the rural development ministry has released the draft for public comment after several states decided to amend the law to allow for online registration. While the Registration Act applies across the country, states can amend the law in consultation with the Centre.

The government is also seeking to allow for electronic registration certificates and digital maintenance of records. Apart from electronic presentation and admission of documents for registration, the govt has proposed Aadhaar-based authentication with ‘informed consent’, along with other verification methods for those who do not wish to share their unique ID, as part of an exercise to reduce frauds. Besides, the department said the draft legislation has suggested integration with other record-keeping agencies to enhance the efficiency of information flows.

“In recent years, the growing use of technologies, evolving socio-economic practices, and increasing reliance on registered documents for due diligence, service delivery and legal adjudication have underscored the need to create a forward-looking registration framework,” the land resources department said.

Recognising the reliance placed on registered documents in legal and commercial contexts, the bill proposes clear and objective grounds under which a registering officer may refuse registration. It also provides an enabling provision for appropriate governments to issue rules on cancellation of registration subject to certain standards, including compliance with principles of natural justice.

“These provisions are intended to ensure that the registration process operates within the bounds of law while upholding the reliability and evidentiary value of registered instruments,” the ministry said.

The bill has provisions that aim to modernise the organisational structure of the registration establishment, including the introduction of additional and assistant inspectors general of registration.

It also seeks to streamline the appointment process for registrars in case of vacancies and vests rule-making authority with the appropriate government to ensure alignment with local governance structures.