Mumbai: The Maharashtra government is working on legislation that could bring major relief from property disputes and prolonged court battles. The proposed Maharashtra Land Titling Act aims to grant conclusive ownership rights over property, replacing the current system of presumptive ownership that treats individuals merely as occupants or possessors.
The bill is likely to be introduced during the Monsoon Session of the State Legislature next month. It seeks to replace the existing framework — where possession can be proven but ownership cannot — with a system that grants legally conclusive ownership to those holding valid property documents.
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At present, no law in Maharashtra or rather across the nation, conclusively establishes ownership of land, houses, or flats. Existing records, including the 7/12 extract and Property Card, only indicate possession and are not treated as final proof of ownership. As a result, individuals are legally regarded only as “occupants” or “possessors”.
In cases of dispute, parties must approach civil courts to establish ownership, often leading to lengthy litigation and leaving several properties tied up in legal battles for years.
Once passed, the law will first be implemented in selected areas before being rolled out across the state in phases, a senior government official told FPJ.
Under the proposed law, the government will guarantee ownership rights. An independent Title Registration Authority will be set up to verify land records and issue final ownership certificates.
Disputes over ownership will no longer need to be resolved through civil courts. Instead, citizens can approach a Title Dispute Resolution Officer and a Land Titling Tribunal, a move expected to reduce the burden on courts.
The law also proposes compensation in cases where defects are later found in ownership certificates issued by the authority, and individuals suffer losses as a result.
All land records, maps, and property transactions will be digitised and made available online. This is expected to curb fraud, including the sale of the same property to multiple buyers.
For flat buyers, the law promises clear and defect-free ownership titles, making home loans easier to obtain and reducing risks in property transactions.
The legislation could also help speed up infrastructure projects by reducing ownership disputes during land acquisition for roads, railways, and other public works.
Why the law is needed
The current system is governed by the Registration Act, under which only transactions are registered. It does not guarantee that another party does not have a prior claim over the property. Consequently, even after purchasing a property, buyers often face years of litigation over ownership disputes.
Sources said NITI Aayog has also recommended that states implement a Model Land Titling Act.
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