Samiullah vs State of Bihar; 2025 INSC 1292- Registration Act - Title

Registration Act - The Registration Act mandates registration of documents, not the title and this distinction is the fundamental character of our country’s presumptive titling system through registration. Thus, registration of a document recording purchase of immovable property does not confer guaranteed title of ownership, instead it only serves as a public record of the transaction having presumptive evidentiary value, but it is never a conclusive proof of ownership. The presumption is rebuttable and can always be challenged in a court of law - While Transfer of Property Act provides substantive legal framework for purchase and sale of immovable property and the Stamp Act imposes a fiscal charge on the transferable property as a precondition for registration, the Registration Act institutionalizes the process of registering documents to create a public record of immovable property transactions. (Para 32)

Registration Reforms - Blockchain technology has garnered particular attention for its potential to transform land registration into a more secure, transparent and tamper-proof system. It is suggested that adoption of Blockchain technology would ensure immutability, transparency and traceability, thereby minimizing fraud and unauthorized alterations. Blockchain technology is said to offer an alternative paradigm by encoding land titles, ownership histories, encumbrances, and by recording transfers on a Distributed Ledger in an immutable and time stamped form. Each entry, once validated into the Distributed Ledger, becomes part of a cryptographically linked chain of information that cannot be retroactively altered without detection. -Registration of deeds being a concurrent list subject, Government of India must take lead in constituting a body, with the participation of the States, to examine this issue in light of the technological advancement for integrating the property registration regime with conclusive titling. The process may involve restructuring and reviewing our existing laws, i.e. the Transfer of Property Act, 1882, Registration Act, 1908, Stamp Act, 1899 Evidence Act, 1872, Information Technology Act, 2000, Data Protection Act, 2023 and may require introduction of new laws for incorporating Blockchain technology with necessary safeguards. This will necessarily require establishing regulatory framework which institutionalizes processes with integrity and efficiency. ]

Bihar Registration Rules, 2008 - Prescription of mentioning and production of jamabandi allotment or holding allotment as a pre-condition for registration of a legally presented document under impugned sub-rules 19 (xvii) and (xviii) is arbitrary and illegal. (Para 29) The impugned sub-rules are ultra vires the rule-making power under Section 69 or any other provisions of the Act. (Para 25) The said sub-rules tilt the balance and empower the registering authorities to produce collateral evidence of title to the property as a pre-condition for registration, such a measure, through subordinate legislation, is also against the purpose and object of the Act. Further, the requirement under the impugned sub-rules is arbitrary as the process of mutation and its certification is uncertain and virtually unavailable in near future, as the Bihar Mutation Act, 2011 and the Bihar Special Survey and Settlement Act, 2011 are said to be nowhere near implementation. (Para 2)

Modernization of Registration Offices - It is necessary to fully institutionalize the registration offices by establishing a permanent regulatory body. This will enable real time assessment and development of the establishment through institutional efficiency and expertise. A permanent body will enable institutional memory for upgradation and improvement. It will also enable course correction and modernization. (Para 18)

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