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DAILY NEWS ANALYSIS

  • 21 February, 2021

  • 5 Min Read

Draft Act on Land Titles

Following are the provisions proposed under the draft Act:

  • Setting up of State land authority: Under the proposal, each state is to set up a land authority that will have a title registration officer (TRO) who will prepare a title record based on document-based claims from the presumptive owners and any claimants.
  • Draft list of presumptive ownership: The authority will then publish a draft list of the presumptive ownership of every plot (on which it has received applications) and invite claims within a given deadline from anyone else with an interest in the property.
  • Dispute resolution: The TRO will be free to mention any number of people as owners of a particular plot if satisfied with their documents. If the official cannot come to a decision, he or she might refer the case to the land dispute resolution officer (LDRO), appointed under the land authority.
  • Record of titles: A “record of titles” will then be notified. Over the next 3 years, “land titling appellate tribunals”, made up of retired or serving district judges, will hear disputes arising out of the orders passed by the TRO and the LDRO.
  • Conclusive title: Once 3 years have passed since the notification, the title will be deemed conclusive, open to challenge only through writ petitions in the higher courts.
  • Plots already enmeshed in court cases will remain outside the ambit of the conclusive titling process.

Source: TH


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