Mitigating Fraudulent Property Transactions: Strengthening Sub-Registrar Discretion And Buyer Protection Under The Registration Act, 1908 In India

Sanjana Jagadeesh, School of Law, Christ (Deemed to be University)

ABSTRACT

This study explores the widespread problem of fraudulent property transactions in India and suggests important legal changes to address these issues. Fraudulent property transactions can have serious repercussions for buyers, sellers, and the real estate industry. These practices include forging documents, misrepresenting property titles, and engaging in unauthorized transactions. The Registration Act, 1908, a legal framework that has governed property transactions for a century, is the foundation of property registration in India. The Act, however, is unable to fully handle the complexity of contemporary fraudulent transactions.

It also encourages reforms while conducting a thorough investigation into property fraud and assessing the current judicial system. It draws attention to how common property fraud is and how it affects many parties. The research findings include integrating technology to modernize the registration process and giving Sub-Registrars more authority to reject possibly fake documents. Proposals are also made to improve buyer protection measures, streamline registration processes, and broaden the legal framework. It examines how these reforms will affect various parties, such as purchasers, vendors, Sub- Registrars, governmental and legal bodies, the real estate sector, and attorneys. Without improvements, the unfavourable effects of dishonest property transactions would continue.

To sum up, the study recommends quick legal changes to counteract dishonest real estate deals in India. The proposed reforms are intended to safeguard the interests of both buyers and sellers, improve openness, and support the integrity and economic growth of the real estate industry. India can create a safe, secure property registration system that serves all parties involved and preserves the rule of law by adopting these measures.

Keywords: Legal reforms, Registration Act, 1908, Property fraud, Judicial system, Technology, Sub-Registrars, Buyer protection measures.