Our land records modernization initiative has a major gap to plug

Source: The post is based on the article “Our land records modernization initiative has a major gap to plug” published in Live Mint on 24^th April 2023.

Syllabus: GS 2 – E-Governance

Relevance: concerns associated with the process of land document registration.

News: The article discusses the steps taken by the government for digitizing land records and lacunae that still exist.

What steps have been taken by the government for digitizing land records?

Read Here: Bhu-Aadhaar or ULPIN will digitise land records for efficient land usage — but incrementally

However, the concern lies with the process of document registration of land.

What are the concerns with the process of document registration of land?

The process of document registration of land has not yet been digitized and it relies on the outdated physical mode of registration.

In India, most property documents must compulsorily be registered under the colonial Registration Act, 1908, failing which they cannot be admitted in court (in case of a dispute) as evidence.

Most states still require participants to present physically at the sub-registrar’s office to produce physical copies of papers and fulfil the offline criteria to acquire physical registration certificates

As a result, registering documents at the sub-registrar’s office is a time-consuming process, taking two days or more just for submitting the paperwork.

What can be done to bring changes in the document registration process?

The physical registration slows down the entire registration procedure. Hence, there is a need to modernize the registration process to facilitate the ease of doing business and of living by leveraging technological advancements.

Some state governments have started amendment of specific provisions of the Registration Act to introduce some form of an electronic registration process. However, there is no uniform approach across the country.

Hence, the following amendments should be done in the Registration Act, 1908 – a) allow online submission of documents and remote online appearance of parties and witnesses, b) provision for the electronic verification of parties, c) allowing online exchanges of queries between parties and the registrar, d) allowing registrars to issue electronic registration certificates and maintain a digital backup of such records.

The amendments must establish minimum standards for remote online registration to ensure that registration throughout India is undertaken in a safe and secure manner.

This would facilitate the creation of an integrated land registry for the country.

Moreover, these amendments should be supported by further legal initiatives, such as remote notarization and clarity on electronic instrument stamping.

Given the digital gap in India, the government should also create a transition strategy of moving from physical to online registration.

What can be the way ahead?

Document registration is a basic legal requirement. Modernising this procedure will be a significant step towards the realisation of Digital India’s Vision of presence-less, paper-less services.