UP Cabinet Approves Mandatory Land Record Verification Before Property Registration
In a significant move aimed at curbing property fraud and reducing legal disputes, the Uttar Pradesh Cabinet has approved a crucial decision on Tuesday. The new rules empower the Department of Stamp and Registration to conduct mandatory checks of property ownership details before registering any sale. This initiative is designed to prevent the registration of fake or disputed properties, addressing long-standing issues in the real estate sector.
New Verification Rules to Prevent Fraud
Minister of State (Independent) for Stamp and Registration, Ravindra Jaiswal, announced that under the forthcoming regulations, verification of 'khatauni' or land records and ownership-related documents will be made compulsory prior to property registration. Jaiswal highlighted that this step is necessary to tackle cases where properties are sold by individuals who are not the actual owners, or where sale deeds are registered for prohibited, restricted, or government-owned lands.
"We have observed numerous instances where property transactions involve fraudulent ownership claims," Jaiswal stated. "These include sales beyond legal rights, transactions involving attached properties, and even deals for land owned by central or state governments. Such cases often lead to prolonged litigation and public hardship."
Enhancing Sub-Registrar Powers
Currently, under Section 35 of the Registration Act, 1908, sub-registrars possess limited authority to refuse document registration, which sometimes results in registrations even in suspicious circumstances. The proposed amendments aim to bolster their powers to ensure more robust oversight.
The key changes include:
- Section 22-A: This will allow restrictions on the registration of certain categories of documents, providing a legal framework to block dubious transactions.
- Section 22-B: It will include provisions to ensure proper identification of immovable property before registration, enhancing transparency.
- Section 35-A(1): This states that if documents presented for registration lack necessary papers related to ownership, rights, identification, lawful possession, or transfer—as specified by the state government—the registration officer can refuse registration.
Implementation and Future Steps
Once implemented, this system is expected to effectively prevent the registration of fake and disputed properties, aligning Uttar Pradesh with similar amendments adopted in other states to control such issues. Following Cabinet approval, the bill will now be presented before the state legislature for final approval.
"This reform will streamline property transactions and protect buyers from fraudulent practices," Jaiswal added. "It marks a proactive step towards ensuring legal compliance and reducing litigation in the real estate market."
