New Draft Bill on Property Registration: Aadhaar Not Mandatory
In India, property transactions require legal registration to ensure ownership rights and avoid disputes. The process is governed by the Registration Act of 1908, a law over a century old. Recognizing the need for modernization and transparency in property dealings, the Central Government has proposed a new draft bill to replace the existing law.
The draft bill has been prepared by the Department of Land Resources under the Ministry of Rural Development and is currently open for public feedback. The proposed legislation introduces several key changes aimed at simplifying the registration process, protecting individual rights, and promoting digital governance.
Key Highlights of the Draft Bill
1. Aadhaar Number – Optional, Not Mandatory
One of the most important features of the new draft bill is that submission of an Aadhaar number is not mandatory for property registration. So far, Aadhaar has been commonly used to verify the identity of individuals during registration.
However, the draft now clarifies that using Aadhaar will be voluntary, not compulsory. People who do not have an Aadhaar number, or those who choose not to use it, will not be denied registration rights. Instead, alternative identification methods will be made available for verifying their identity.
This ensures that no individual faces discrimination due to the absence or non-use of Aadhaar, preserving their right to property registration.
2. Reasons for Refusal to Register Must Be Stated
The draft bill mandates that if a registering officer refuses to register a document, they must provide a clear written explanation for the denial.
Further, the bill outlines a procedure to appeal such decisions, ensuring transparency and accountability. This protects the applicant’s rights and provides a remedy in case of arbitrary decisions by the authorities.
3. Online and In-Person Submission
In a move to embrace digital governance, the bill allows documents to be submitted either physically or online for registration.
However, to prevent fraud, it mandates that applicants who upload documents online must appear in person before the registering officer before the final registration is approved. This blend of convenience and security ensures a smooth and safe registration process.
4. Flexible Identity Verification Methods
Under the current law, passport-sized photographs and thumb impressions are required. The draft bill expands these options to include:
- Color photographs
- Digital photographs taken at the office
- Fingerprints given manually or via biometric devices
- Handwritten signatures
In addition, the draft bill requires that Permanent Account Number (PAN) must be provided during registration. This helps link property transactions with income tax records, increasing transparency and reducing the risk of black money.
5. Simplified Language for Deed Preparation
The bill encourages that legal documents be written in simple and understandable language, especially for individuals and small businesses. This makes it easier for the general public to understand the contents of legal agreements, reducing dependency on legal intermediaries.
6. Reformed Organizational Structure
To improve efficiency and service delivery, the bill also proposes a restructured hierarchy for the registration department, which includes the following roles:
- Registrar General
- Additional Registrars
- Deputy Registrars
- Sub-Registrars
The procedures for the appointment of sub-registrars and filling vacant posts are also clearly detailed in the draft. This organized structure is expected to ensure smooth operations and timely service delivery.
7. Use of Modern Technology
The draft bill allows the registration offices to utilize modern infrastructure, such as:
- Computers
- Scanners
- Cloud storage systems
These facilities are aimed at improving the safety and accessibility of digital records. Cloud storage will prevent loss or damage to important documents and enable quick retrieval during disputes or future transactions.
Benefits to Citizens
The new draft bill promises numerous advantages to the general public:
- Freedom of choice in using Aadhaar respects privacy and individual autonomy.
- Online options reduce travel and wait times, benefiting urban and rural citizens alike.
- Appeal process ensures justice in case of unfair rejection.
- Simple language documents empower individuals to manage their property affairs independently.
- Secure and tech-enabled registration offices prevent fraud and ensure document preservation.
- Mandatory PAN linking adds an extra layer of financial accountability.
Why This Reform Matters
The current Registration Act was formulated in a different era, lacking modern context and digital tools. Today, land fraud, identity theft, and document forgery are real threats in the property ecosystem. This bill addresses these concerns with a balanced approach—upholding rights, embracing technology, and simplifying legalities.
The removal of mandatory Aadhaar use also aligns with Supreme Court rulings that Aadhaar cannot be forced upon individuals for accessing essential services. Thus, this bill is legally sound and ethically progressive.
Conclusion
The Central Government’s new draft bill for property registration is a forward-looking reform. It seeks to replace colonial-era laws with a modern, inclusive, and transparent system.
By ensuring Aadhaar is optional, introducing online access, providing clear rights to appeal, and upgrading technical infrastructure, the bill aims to build a registration system that is efficient, citizen-friendly, and trustworthy.
If implemented well, this bill will be a milestone in India’s legal and administrative journey, bringing land governance closer to global best practices while respecting the diversity and rights of its people.
