
The Supreme Court, in a Bench comprising Justices P.S. Narasimha and Joymalya Bagchi, highlighted systemic flaws in India’s property registration framework governed by the Transfer of Property Act, 1882, the Registration Act, 1908, and the Indian Stamp Act, 1899.
The Court termed property transactions in India “traumatic,” observing that registration does not confer ownership, causing nearly 66% of civil disputes. The Court noted that the current system places an excessive burden on buyers and lacks transparency.
Accordingly, the Bench recommended that the Law Commission of India examine the adoption of a blockchain-based land titling mechanism to improve reliability and prevent ownership disputes.
[Samiullah v State of Bihar]
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