8.4 Reformation of Land Registration processes and to eschew “fraudulent/multiple registrations”.

35. Fortunately, due to technological advancement this process is duly and more accurately achievable. We have incorporated emerging technologies as instruments of institutional reform. Blockchain technology has garnered particular attention for its potential to transform land registration into a more secure, transparent and tamper-proof system. It is suggested that adoption of Blockchain technology would ensure immutability, transparency and traceability, thereby minimizing fraud and unauthorized alterations. Blockchain technology is said to offer an alternative paradigm by encoding land titles, ownership histories, encumbrances, and by recording transfers on a Distributed Ledger in an immutable and time stamped form. Each entry, once validated into the Distributed Ledger, becomes part of a cryptographically linked chain of information that cannot be retroactively altered without detection. This property of immutability could enhance the integrity of title records and strengthen public trust in the ownership framework. This cryptographic immutability could perhaps address the structural fragility of Indian record keeping system. The Blockchain design could integrate cadastral maps, survey data, and revenue records into a single verifiable framework, which, while maintaining a transparent audit trail, is accessible to multiple departments and the public.

36. We take note of the technological advancement only to suggest that there is now a possibility of overcoming the binary that our laws have created in maintaining a register for transfers for long, but have neither granted credibility or conclusiveness of title. At the same time, the process of registration is cumbersome and time-consuming. Registration of deeds being a concurrent list subject, Government of India must take lead in constituting a body, with the participation of the States, to examine this issue in light of the technological advancement for integrating the property registration regime with conclusive titling. The process may involve restructuring and reviewing our existing laws, i.e. the Transfer of Property Act, 1882, Registration Act, 1908, Stamp Act, 1899, Evidence Act, 1872, Information Technology Act, 2000, Data Protection Act, 2023 and may require introduction of new laws for incorporating Blockchain technology with necessary safeguards. This will necessarily require establishing regulatory framework which institutionalizes processes with integrity and efficiency.