Context:
In Samiullah vs State of Bihar, the Supreme Court of India termed India’s property transaction process as “traumatic” and emphasized urgent land record reforms. The Court struck down Bihar Registration Rules mandating mutation proof for sellers and reiterated that registration does not confer title. It also suggested exploring blockchain technology to ensure secure and transparent property registration.
Key Highlights:
Judicial Observations
• Property transactions in India are complex, opaque, and litigation-prone.
• Registration authorities cannot adjudicate title disputes — this is the domain of civil courts.
• Registration only creates a rebuttable presumption of ownership.
Striking Down Bihar Registration Rules
• Bihar rules required proof of mutation before registration of sale deeds.
• SC held this condition beyond the scope of the Registration Act, 1908.
• Mutation is for fiscal purposes (revenue records), not proof of ownership.
Registration Bill, 2025 (Proposed)
• Reinforces that registration officers cannot determine property title.
• Focuses solely on document registration.
Existing Reform Models
• Karnataka – Bhoomi & KAVERI Systems:
-
Digitized land records.
-
Automatic updating of ownership upon registration of transfer deed.
• Andhra Pradesh – Blockchain Pilot: -
Reportedly reduced land disputes by 50%.
-
Improved transaction efficiency by 30%.
Structural Issues in Land Governance
• Fragmented functioning of:
-
Registration Department
-
Survey & Settlement Department
-
Revenue Department
• Lack of synchronization causes: -
Fraudulent transactions
-
Multiple claims over same property
-
Prolonged litigation
Blockchain as a Reform Tool
• Creates immutable, tamper-proof, and transparent records.
• Enables real-time updating of ownership.
• Challenges:
-
Accuracy of legacy data
-
Integration with existing administrative structures
-
Digital divide and infrastructure readiness
UPSC Relevance (GS-wise):
• GS 2 – Polity & Governance: Land as State subject; judicial review; administrative reforms.
• GS 3 – Economy: Property rights, investment climate, ease of doing business.
• GS 3 – Science & Technology: Application of blockchain in governance.