From: GS Kumar 5 July 2010
Former Director, Survey of India
Managing Editor GIS India ( since 1992 )
6-3-1216/50, F2
Nest Apartments, Methodist Colony,
Begumpet, Hyderabad 500 016, India
Tel: 91-40-66667776, Tele-fax: 91-40-66667333
To:
Deputy Adviser, Department of Land Resources, ‘G’ Wing, NBO Building, Nirman Bhawan, Maulana Azad Road, New Delhi-110011
Sub: Preliminary draft of the Land Titling Bill
Sir,
I happened to accidentally come across the website having subject Bill today on the internet.
The draft Bill has 78 paras in 56 pages. There are several duplications and conditions making it difficult/complex to understand the provisions. The time given for responses from stake holders is 10 July 2010. I earnestly request for extension of time up to end of August to allow for greater and wider discussions.
On first reading it gives the impression that the proposed Act does not reduce the scope for litigation present the existing system.
Stake holders expectation is that the existing registration Act is to be amended to include the clause that absolute title will be granted if registration is done.
In Canada, Australia and other developed countries, buyer and seller approach the Registration authority. Within about a month, the Registration authority carry out the verification (themselves ) to establish if the transaction is authentic. If it is correct, the parties will be called and registration completed and title handed over. If later, the transaction is proved to be defective, the winner in the litigation which may last several years will be entitled to compensation but the title remains absolute. This is a positive system ( Torrrens).
At present in India registration is of document and not title. Multiple registrations of the same property take place. Yet stamp duty is on the basis of value of the property, which is unjustified. The new proposed Act does not simplify the procedure. The onus of proving the title lies on the parties and not on the government which has all the documents and information.
In view of the above, it is requested that time for submission of comments/suggestions on the proposed Act may please be extended up to 31August 2010. This will enable the genuine stake holders to discuss the 56 pages content and respond. This will be in the interest of the life of people and development as the titling is a very important aspect of our society. If the Act is approved in the present form it will lead to litigations as in the present system.
Extracts from the contents or Registration Acts of some countries practicing Torrens System are given below.
Yours sincerely
GS Kumar
Some extracts:
1. In Nova Scotia, Canada, according to their Land Registation system, the government guarantees ownership of each parcel of land that is registered in the new system
2. In UK, the registration of the land proves the ownership of the land, helps to protect your land if someone tries to make a claim on it.
3. Government staff in the Land Titles Offices in Calgary and Edmonton, Canada examine and register the documents and issue the titles. The government then guarantees the accuracy of the title and as a result, anyone who suffers a loss due to an error on the title or even as a result of a fraudulent transaction is entitled to compensation from the government. The liability associated with this potential compensation is funded through the collection of assurance fees.
4. In Australia, according to the Act, except in certain cases of fraud and forgery and other specific but rare events once the party is registered as the proprietor of an estate that party has an indefeasible title, guaranteed by the government.
To justify my point I am giving some immediate comments ( in italics) on some of the provisions of the draft Bill.
a. 13 -5 extracts of the Register of Titles can be denied to an applicant–
This provision can lead to corrupt practices or inordinate delays in supplying the critical information.
b. 14- 1 (ii) Title Registry is to contain …area or extent of the property
Title Registry should contain dimensions also to avoid litigation on account of this. Since LIS is being attempted, this should be possible.
c. 19 & 24 These provisions put entire onus of clear title on the owner/purchaser. 19-5 has xvii provisions.
Government which collects huge stamp duty and has all the records/information has no responsibility!! The concerned parties will have to spend time, effort, money…to fufill the provisions of these items.
d. 25-1 …… notwithstanding anything contained in any law for the time being in force, any such registration shall be deemed to be void ab initio.
Registration should guarantee title, in all cases. Even though government does registration, it takes no responsibility. This is not fair and is one-sided as most of the provisions are.
e. 26 This lays down simply time limits for notifications in case of disputes or no disputes.
It also should include a clause that if it is not settled within the specified time, the applicant’s demand should be treated as accepted. Otherwise, this will also like in the present situation lead to protracted ( years) litigation.
f. 27 deals with provisional title if there is no dispute.
If there is no dispute, absolute title should be granted within a specified time
.
extracts from the “Torrens System” practiced in USA, Australia and other developed countries, which guarantees Title.
Government of India Ministry of Rural Development Department of Land Resources New Delhi, India
PUBLIC NOTICE
The Department of Land Resources (DoLR), Ministry of Rural Development, Government of India, is happy to announce that it has prepared a preliminary draft of the Land Titling Bill. The Bill hopes to usher into the country the system of Conclusive Property Titles with title guarantee and indemnification against loss due to incorrect title entries by the Government, instead of the current system of registration of deeds and documents and “presumptive” property titles. Comments/opinions/suggestions on the draft Bill from all stakeholders are invited and may kindly be sent to e-mail ID da-dolr@nic.in or may be posted to Deputy Adviser, Department of Land Resources, ‘G’ Wing, NBO Building, Nirman Bhawan, Maulana Azad Road, New Delhi-110011 by 10th July , 2010.
Click here to view/ download The draft Land Titling Bill 2010
Land Registration: The New Regime
Published April 4, 2005 - Nova Scotia, Canada
The Government of Nova Scotia is providing a new guarantee of ownership to property owners and is changing how land records are stored and accessed. You need to know how the changes will affect you.
What is the New System?
The Government of Nova Scotia has enacted new legislation and acquired new technology to modernize our 250-year-old Registry of Deeds system. The Land Registration Act moves Nova Scotia from an antiquated, names-based system to a system that guarantees ownership and provides access to land-related information for subscribers through an Internet browser.
What are the Benefits of the New Land Registration System?
The government guarantees ownership of each parcel of land that is registered in the new system. In the old system, ownership could only be determined after a review of all relevant title documents deposited at the Registry of Deeds. Lawyers then give an opinion as to who owns and has legal rights in the property. After a parcel is converted to the new land registration system, there is no need to do an historic review of title – a person wishing to know who owns a parcel of land simply has to do a quick check in the system database to see who is listed as the registered owner. This eliminates the wasteful, expensive, and repetitive need to search the historic title to land each time it is transferred, mortgaged or subdivided.