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The Future Of Property Transfers Under The Transfer Of Property Act Of 1882: E-Conveyancing And Blockchain




Gargi Bose, Assistant Professor, School of Legal Studies, REVA University, Bangalore


ABSTRACT


The Transfer of Property Act, 1882, which governs the majority of India's property transfers, has long been linked to inefficiencies, delays, and a lack of transparency. E-conveyancing, or the practice of carrying out and registering real estate transactions online, presents a viable substitute in a time of digital revolution. As a possible future model for real estate transactions in India, this study investigates the intersection of blockchain technology with e-conveyancing. With an emphasis on sectors including the sale, mortgage, lease, and gift of immovable property, it examines how well these changes mesh with the TPA's current rules.


The study assesses the potential of blockchain's decentralized, impenetrable ledger to protect land records, reduce fraud, and use smart contracts to automate ownership transfers. The legal challenges associated with putting such technologies into practice are also critically examined, including concerns about jurisdiction, data privacy, electronic signatures, and the admissibility of digital recordings under Indian evidence law. The study compares international models, such as Sweden's blockchain registry and the UK's Digital Street, to find best practices that India may use. In the end, the study promotes legislative and regulatory changes to bring India's property law system up to date with digital advancements, guaranteeing increased effectiveness, accessibility, and legal certainty.


Keywords: Transfer of Property Act, E-Conveyancing, Blockchain, Smart Contracts, Digital Land Records, Property Law, Legal Tech, Real Estate Transactions, Indian Registration Act, Property Transfer Reform.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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