Just registering your property and ensuring that your ownership rights are recorded by land-owning agencies is not enough to safeguard your rights as an owner. With registered properties in the capital remaining vulnerable to fraudulent registrations and takeovers, the Delhi government is in the process of engaging a legal firm as consultant to draft a ‘‘property titling law’’ to safeguard ownership.
In India, only Andhra Pradesh has a titling law, which was enacted recently. The Centre has been encouraging states to put such a law in place.
There is no central system of maintaining records of property ownership now because of multiplicity of authorities. Delhi proposes to have a central titling authority. It will maintain complete records of all properties and scrutinize the details provided to identify the real owner. This will prevent fraudulent claims on ownership of a property as the records will be available for courts to take decisions.
Under the existing system, after purchasing a property, the owner first gets the sale deed registered with the sub-registrar of his district. Then he applies for mutation of the property to get the title of the property transferred in his name.
In India, only Andhra Pradesh has a titling law, which was enacted recently. The Centre has been encouraging states to put such a law in place.
There is no central system of maintaining records of property ownership now because of multiplicity of authorities. Delhi proposes to have a central titling authority. It will maintain complete records of all properties and scrutinize the details provided to identify the real owner. This will prevent fraudulent claims on ownership of a property as the records will be available for courts to take decisions.
Under the existing system, after purchasing a property, the owner first gets the sale deed registered with the sub-registrar of his district. Then he applies for mutation of the property to get the title of the property transferred in his name.
REALTY RIGHTS
Delhi govt plans to hire a legal firm to help draft a ‘property titling law’ to protect property owners from fraud deals and takeovers Currently, only Andhra Pradesh has such a law in the country Delhi also proposes to have a central titling authority which will maintain records of all properties in the city and their owners
Draft law to be ready in 3 months New Delhi:
The Delhi government is set to get a ‘‘Property Titling Law’’ drafted to safeguard ownership. Under the existing system, the property owner has to apply to the land-owning agency — MCD, NDMC and DDA — to get the title transferred in his name. But since there is no foolproof mechanism for scrutiny and no centrally located records of a property maintained by the sub-registrar’s office or the land-owning agency at the time of registry or mutation, the officials bank on affidavits filed by the owners. As a result, it has been found that the same property has been registered more than once by different owners.
Real estate experts and government sources say getting all records together at one place will not only be difficult but also time-consuming as there are multiple agencies which maintain such records. Moreover, the properties in unauthorised colonies are not registered. Once regularization of the 1400-odd colonies begins, procuring and centralising records will be a tall order. Sources in Delhi government said the draft law was likely to be framed within three months by the firm. The government had initiated the process to explore the feasibility of a property titling law early last year. A legal firm was hired to prepare a report. Delhi’s chief secretary, Rakesh Mehta, said: ‘‘Titling laws exist all over Europe. Britain didn’t have such a law earlier but it has also put a property titling law in place. Titling laws exist in the US too.’’
The Times of India 9 April 2008, P 1 Delhi
With thanks from The Time of India
©All rights reserved with the Bennett Coleman & Co. Ltd
For any query:- legalpoint@aol.in
With thanks from The Time of India
©All rights reserved with the Bennett Coleman & Co. Ltd
For any query:- legalpoint@aol.in
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