Digitised Land Records: Examining The Legal Validity Of Electronic Title
Harshit Kumar Verma, BA LLB (Hons), Bennett University, Greater Noida, Uttar Pradesh
I - ABSTRACT
The real estate governance models in India are changing dramatically, shifting from historic and manual "presumptive titling" to a comprehensive, technology-enabled digital system available at a central agency, the Digital India Land Records Modernization Programme (DILRMP). The Unique Land Parcel Identification Number (ULPIN or Bhu Aadhaar) and the National Generic Document Registration System (NGDRS) are just a few such breakthroughs, designed to create an indelible common land database compatible between systems. Some attempt such as the Unique Land Parcel Identification Number (ULPIN or Bhu Aadhaar) and the National Generic Document Registration System (NGDRS) seeks to create an immutable, interoperable "Land Stack. The differences in technology saturation however, and legal enforcement are tremendous.
The present paper is an attempt to assess the effectiveness of electronic land records that can be used for the purpose of getting absolute ownership. It dissects the system of friction between automatic land records and basic laws of their registration, namely the Transfer of Property Act, 1882, and the Registration Act, 1908, which fails to provide a sovereign guarantee of land property, but only a record of its transactions. Additionally, the study delves into the practical issues related to the newly enacted Bharatiya Sakshya Adhiniyam (BSA), 2023, addressing authentication and admissibility matters in dynamic digital khasras and e-certificates.
Lastly, it covers a conflict with constitutional aspects and regulations that govern the public openness of land registries and the protection of data based on the Digital Personal Data Protection Act (DPDPA), 2023. The paper believes that although much of the technical infrastructure is already in place and in good shape, but a strong legislative redesign needs to be carried out in order to create absolute statutory enforceability around automated records that are not open to property fraud.
