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Polity & Governance
Pradeep Kumar

22/02/21 10:30 AM IST

Conclusive land titling

In news

A Model Bill on Conclusive Land Titling was sent to States and Union Territories last June seeking their comments

Current system
  • India currently follows a system of presumptive land titling. This means that land records are maintained, with information on possession, which is determined through details of past transactions.
  • Ownership, then, is established on the basis of current possession
  • Registration of land is actually a registration of transactions, such as sale deeds, records of inheritance, mortgage and lease.
  • Holding registration papers does not actually involve the government or the legal framework guaranteeing the ownership title of the land.
Conclusive land titling system
  • Under a conclusive land titling system, land records designate actual ownership.
  • The title is granted by the government, which takes the responsibility for accuracy.
  • Once a title is granted, any other claimant will have to settle disputes with the government, not the title holder.
  • Further, under conclusive land titling, the government may provide compensation to claimants in case of disputes, but the title holder is not in any danger of losing ownership
Challenges
  • The biggest challenge is that land records have not been updated for decades, especially in rural and semi-urban areas.
  • Land records are often in the name of the grandparents of the current owner, with no proof of inheritance.
  • Unless they are based on updated records, conclusive land titles could create even more problems.
Source: The Hindu

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