NEW PROPERTY TITLING SYSTEM FOR ... - Government of Delhi
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NEW PROPERTY TITLING SYSTEM FOR DELHI
Property titling system for an urban system is very essential
for better efficiency of the urban management system. This is one
of the key mandatory reforms under the JNNURM and all states
are committed to implement reforms in property titling systems.
The Government of India, Ministry of Urban Development has
made this an important milestone in urban reforms and have
recommended, based in the report of a task force set up by them,
that a system of recording titles of property should be set up by
cities. This would have the major benefit of enabling a framework
to be created which would allow property titles to be secured from
fraud which are common nowadays and also enable financing
companies to use the property titles to create healthy mortgages
which would speed up the economic development in cities through
banking finance by strengthening the legal framework.
NEED FOR PROPERTY TITLING
Any robust city development in infrastructure and economic
growth is possible only if there is safety in recognizing the legal
and transferable rights on a property. This involves two things: one
is the creation of a system for recording property rights in urban
property and second is to enable easy trading in the rights through
an effective registration system. Though there is a system for
recording rural land titles through khasra/khatauni and girdawari,
in the urban set up there is no such system. The registration of
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properties under the registration act is not mandatory and it only
provides proof of presumed ownership but is not a conclusive
proof of title. In the absence of any system there have been
instances of duplicate claims to property through forged wills,
duplicate power of attorneys, false registrations claiming
ownership. There is enormous litigation in respect of property
which is stifling the growth of the mortgage market in property. It
is also stifling trading in property rights which is legitimate
requirement for growth of the urban economy. This artificially
restricts the availability of land and property in the market and
creates an informal and often illegal market which encourages
encroachments, land mafia and strong arm tactics to dispossess
rightful owners because today the saying is that “possession is nine
tenths of the law”. This situation is untenable in a civilized society.
This situation also impacts on the urban planning needs because it
is difficult to get information about the developments in the
informal land and property market.
BENEFITS OF GUARANTEED TITLE REFORM
Providing clear title through a robust recording system will
have multiple benefits. It will reduce litigation dramatically and
prevent encroachments. Land will be identified for social
developments. Value of properties will go up and larger mortgage
finance will be available for businesses at competitive interest
rates. Transactions in land will become simpler, quicker, accurate
and secure. Urban planning will improve considerably, and
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reliable cadastral data will be available. Tax collections will go up
formidably which will boost government’s investment capacity to
create better infrastructure. Credit crunch in property growth will
be tackled due to the better value of the collateral offered on
account of better titling system. Rajasthan has already introduced
the Guaranteed Land Title.
WHAT DOES TITLE REGISTRATION DO ?
A land title guaranteed by the state provides a conclusive
proof of title to ownership of property. It provides the land
boundaries based on actual ground surveys and certifies it. It
reduces scope of litigation and civil disputes. It makes transactions
easier because it uses an Information Technology platform as
provided under the Information Technology Act 2000. Public can
access the record of rights and verify the accuracy of the data if
they intend to transact in the property. A state guaranteed title
system is the best and is currently followed in many European
Union countries including UK and it places the responsibility on
the state to maintain the property records and guarantee the title.
This is needed for the people to have faith in the property title
certification. A privately driven system would not have the
required credibility. There is a system of having an initial survey to
determine the ownership. Then there is system of providing
provisional ownership. Finally there is the system of granting
property title certificate. There is a time gap between all the
transactions to allow for proper scrutiny and settlement of legal
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disputes through a tribunal and appellate tribunal. The tribunal
system takes the cases out of civil courts and sets up special courts
which are fully equipped to tackle such cases and the speed of
decisions is faster and more professional.
The recommendation made by Government of India is to set
up an Authority for Title Registration. It would function under the
divisional commissioner since all registrations are currently done
by Deputy Commissioner’s jurisdictions. It would involve
amendments to the Indian Registration Act 1908 to make
registration of title mandatory. It would involve amendments to the
Transfer of Property Act 1882 to make verification process for
ownership mandatory. It would involve amendment to the Indian
Contract Act 1872 making all government contracts on property to
be registered. It would involve the setting up of a dedicated
Indemnity Fund to compensate for wrong titling and orders of
tribunal which cannot be implemented due to certain
circumstances.
THE DELHI SURVEY, REGISTRATION AND
RECORDAL OF TITLE OF IMMOVABLE PROPERTIES
IN URBAN AREAS ACT 2009
While doing the property tax reforms in MCD in 2002 it was
noticed that one of the major lacunae in property market in Delhi is
the absence of a proper property titling system. In order to study
this the USAID had taken up work through the aegis of Urban
Institute Washington to set up a team. This team consisted of
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Michael Lee (urban land policy specialist); Amitava Basu
(Intercontinental Consultants), B N Banerjee (Fox Mandal Little
Solicitors); Amit Dalal (PA Consulting Group); Debolina Kundu
( urban development consultant); Meghna Malhotra ( ICMA South
Asia); Carol Rabenhorst ( Urban Institute Washington); Anjali
Vohra( Khaitan, Jayakar Sud Real Estate Advocates); and Sudhir
Vohra ( Consultant). This team studied the existing legal system in
Delhi and the application of the laws in Delhi namely the Delhi
Land Reforms Act 1954, Punjab Land Revenue Act 1887 as
applicable to Delhi, the Delhi Apartment Ownership Act and the
new bill under consideration, the existing registration system
applicable to Delhi. They also conducted a national seminar on the
subject of property titling in Delhi in February 2007. They
recommended that the existing laws were not capable of being
amended to enable the objective of the property titling system to be
implemented and that a separate legislation would be needed for
Delhi. Based on this recommendation, the World Bank provided
funding support to select a legal firm Amar Chand Managaldas and
Shroff to draft a suitable legislation for Delhi. This firm has
already worked and drafted the property titling law for Andhra
Pradesh state which has now become a law. Amarchand
Mangaldas and Shroff designated a team of legal experts headed
by Jatin Aneja which worked closely with the Chief Secretary
Delhi and other departments. They studied the reports of Urban
Institute Washington, and also wrote a document on global best
practices, which was debated by officers of Delhi Government.
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Based on this a draft of a new legislation for Property Titling for
Delhi has been prepared. A committee of officers consisting of the
following was set up to examine the draft in detail as follows :-
1. Chief Secretary Delhi
2. Principal Secretary Finance
3. Principal Secretary to CM
4. Principal Secretary Law and Judicial
5. Principal Secretary Urban Development
6. Secretary Revenue and Divisional Commissioner
This Committee had seven sittings on 19th February 08, 18th
June 08, 6th Sept 08, 13th Sept 08, 20th Sept 08, 24th Dec 08 and 21st
May 09 and discussed various aspects of the matter in great detail.
The draft bill is now ready for consideration of the government.
This Act seeks to set up an Authority for taking up the survey,
registration and titling work on behalf of government of Delhi. The
Authority shall consist of a Chairperson and between three to five
members who shall be whole time members appointed for five
years. The members shall be of rank of Secretary to government of
India or equivalent having two years experience in land
management and other relevant qualifications. It shall have its own
office and the district representatives and can engage professionals
for survey work if required. The authority will survey properties,
record and maintain entries, publish notifications, maintain record
of rights, settle disputes, assign unique numbers to properties,
deliver services to public, and implement orders of tribunals and
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courts. It will get grants from government and its report will be
placed on the table of the legislature.
After survey there will be a process for provisional title
which is valid for ten years. The record will be kept in electronic
format and can be accessed electronically as per the IT Act 2000.
Thereafter there shall be a conclusive proof of title. Registration
shall be compulsory and the Indian Registration Act shall be
amended for this purpose. A Register of Titles shall be maintained
electronically. There will be two levels of dispute resolution
namely a tribunal and an Appellate Tribunal which shall consist of
judges and administrative members. Appeals against Appellate
Tribunal shall be only to Supreme Court since the appellate shall
be like High Court. There shall be a Property Titles Indemnity
Fund whose corpus would be contributed by government initially
but which would be replenished from charges for registration as
decided by government. Penalties for false evidence is fine upto
Rupees two lakhs and jail upto seven years. Government has
power to make rules to implement the provisions of the Act.
