The proposed legislation aims to provide a harmonised and enabling legislative framework to support secure, efficient and citizen-centric registration practices across the country.
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VIBHU H
What is the need for a new land registration bill, that is expected to be tabled for the monsoon session of the Parliament?
Land registration is currently governed according to a pre-Constitution law, ‘the Registration Act 1908’. This Act provides the legal framework for registration of not just immovable properties, but other transactions which need to be registered as well. With the passage of time, not just requirement for registration has widened, but the role of registered documents has grown significantly in both public and private transactions, often forming the basis for financial, administrative and legal decision making.
It is, therefore, essential that the process of registration is robust, reliable and capable of adapting to evolving societal and technological developments. Keeping this in mind, the Land Resources Department under the Rural Development Ministry has made public the draft of ‘The Registration Bill 2025’ to seek views from the public by June 25. Post that the draft will be finalised and then after due process, the bill will be introduced in the Parliament.
What are the key areas it seeks to address?
The purpose of enacting new legislation to replace a nearly 117-year-old law is “to align it with a modern, online, paperless and citizen centric registration system.” The draft has five key features:
- Facilitating Online Registration
- Expanding the Scope of Compulsory Registration
- Reinforcing Legal and Procedural Rigour
- Institutional Strengthening and Governance Reforms
- Accessible and Citizen-Centric Processes
The draft aims to promote drafting the deeds in plain language, digital enablement and transparent procedures to make the registration process more accessible, especially for individual citizens and small businesses. It encourages simplification without compromising on legal certainty or procedural safeguards.
Is land registration a State or Central subject under the constitution?
Entry 18 under State’s list of the 7th schedule of the Constitution lists ‘Land, that is to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; land improvement and agricultural loans; colonization.’ However, entry 6 under Concurrent list mentions ‘transfer of property other than agricultural land; registration of deeds and documents.’ Keeping these entries in mind, while Centre can provide an enabling law for the registration of land (other than agricultural land), immovable properties and others, States can have their own rules and can also fix the rate of Stamp Duty to be levied on transaction of land or immovable properties beside others and collect. Each state is governed by its own legal rules and regulations regarding the purchase and ownership of agricultural land.
Are there uniform rules for land registration across States now? Will it be possible to bring a single framework for land registration across the country?
While, legal framework for land (except agricultural land) and immovable properties involve two main laws – The Registration Act, 1908 (Any sale of immovable property such as land or buildings worth more than ₹100 should be registered) and the Indian Stamp Act, 1889, rules and procedures vary from State to State or Union Territories (with or without legislatures).
Now the proposed legislation aims to provide a harmonised and enabling legislative framework to support secure, efficient and citizen-centric registration practices across the country.
What are the challenges which can arise in digitising land records?
Most important of them is clear title of land. Also, in many families, land has been distributed on an understanding, noted on a paper and signed by concerned parties including some witnesses but not notarised. All these are likely to pose challenges in digitising land records.
How will this bill address the issue of benami transactions in land registration?
One provision under the proposed bill says “Every person presenting any document for registration may undergo consent-based Aadhaar authentication, or offline verification or consent-based verification through officially valid documents or equivalent e-documents under applicable law.” Such a move aims to curb Benami transaction. However, experts such as Sonam Chandwani, Managing Partner at KS Legal & Associates have doubts as she said: “The enhanced documentation requirements and digital audit trails could, in theory, arm agencies like the Income Tax Department with the tools to sniff out benami transactions, but the absence of explicit provisions targeting such practices leaves a gaping hole.”
Published on June 11, 2025
