Land Records and Titles in India

Land proprietorship in India is possible 

In India, the land proprietorship is basically settled through an enrolled deal deed (a record of the property exchange between the purchaser and merchant). Different reports used to set up proprietorship incorporate the record of rights (archive with subtleties of the property), property duty receipts, and review reports. Be that as it may, these archives are not an administration ensured title to the property, yet just a record of the exchange of property. During such exchanges, the onus of checking past proprietorship records of a property is on the purchaser. Subsequently, land possession in India, as dictated by such deal deeds, is hypothetical in nature, and subject to challenge.

Land records are ineffectively kept up; they don't mirror the on-ground position 

Land records comprise of different sorts of data (property maps, deal deeds) and are kept up crosswise over various offices at the region or town level. These divisions work in storehouses, and the information crosswise over offices isn't Tandoor Manufacturer refreshed appropriately. Henceforth, disparities are frequently noted in land records. Before, overviews to refresh land records have not been attempted or finished, and maps have not been utilized to set up genuine property limits on the ground. Consequently, in a few records, the property reports don't coordinate the situation on the ground.

Poor land records likewise influence future property exchanges. It winds up troublesome and bulky to access land records when information is spread crosswise over offices and has not been refreshed. One needs to return quite a long while of archives, including manual records, to discover any possession guarantees on a bit of property. Such a procedure is wasteful and causes time delays.

Arrangement reactions have tended to modernisation and digitisation of land records.

·   In order to improve the quality of land records, and make them more accessible, the central government implemented the National Land Records Modernization Programme (now Digital India Land Records Modernization Programme).  It seeks to achieve complete computerisation of the property registration process and digitisation of all land records.  ·   However, the pace of modernisation of records and bringing them to an online platform has been slow.  From 2008 till September 2017, 64% of the funds (see Table 3 in the Annexure) released under DILRMP have been utilised.

Table 1: Status of completion of various components under the Digital India Land Records Modernization Programme (DILRMP) Computerisation of land records 86% Mutation computerised 47% Issuance of digitally signed RoR 28% Cadastral Maps digitised 46% Spatial data verified 39% Cadastral maps linked to RoR 26% Real-time updation of RoR and maps 15% Number of villages where survey/re-survey work completed 9% Area surveyed 35% Note: RoR is Record of Rights.  Data is updated till September 2017. Sources: Department of Land Resources, Ministry of Rural Development; PRS.

Moving to an arrangement of state ensured titles would challenge 

To address issues with land records, a move towards indisputable titling has been proposed. In a definitive titling framework, the administration gives ensured titles, and pay if there should be an occurrence of any proprietorship questions. Accomplishing this will expect to move to an arrangement of enrolled property titles (instead of offer deeds) as the essential proof of possession, and having clear and refreshed land records. 

Be that as it may, embracing an indisputable arrangement of titling will require undertaking a few measures. All current land records should be refreshed to guarantee that they are free of any encumbrances. Data ashore records, which is as of now spread over various divisions, should be united. Further, a few changes in existing laws that oversee enrollment and move of land, and institutional changes in support of land records will likewise be finished. 

LAND AS A VALUABLE ASSET 

Land as a benefit is interesting in light of the fact that it is resolute, its worth relies upon its area, and with developing populace, its interest continues expanding, while its supply is restricted. Access to land (or land rights) has a wide-extending sway on vocations, mechanical, monetary, and social development. It has been noticed that individuals with broad rights to land are in an ideal situation than the landless, because of better access to business sectors and other monetary open doors that accompany land rights.[1] 

Land possession is extensively characterized by the entrance to a land title. The land title is a record that decides the responsibility for or an unflinching property. Having an unmistakable land title secures the privileges of the titleholder against different cases made by any other person to the property. In India, land possession is resolved through different records, for example, deal deeds that are enrolled, property expense archives, government review records, and so forth. 

Be that as it may, land titles in India are hazy because of different reasons, for example, heritage issues of the zamindari framework, holes in the lawful structure, and poor organization of land records. This has prompted a few lawful debates identified with a land proprietorship and influenced the horticulture and land parts. Such issues have additionally featured the significance of having clear land titles and an efficient land records framework. We examine a couple of such issues in the accompanying area. 

The requirement for clear land titles 

High suit: A World Bank study from 2007 states that a few appraisals propose that land-related questions represent 66% of all pending court cases in the country.[2] These land debates incorporate those identified with the legitimacy of land titles and records and legitimate possession. A NITI Aayog paper proposes that land debates all things considered take around 20 years to be resolved.[3] Land questions add to the weight of the courts, tie up land in suit, and further effect parts and undertakings that are subject to these contested land titles. 

Horticultural credit: Land is regularly utilized as insurance for acquiring advances by ranchers. It has been seen that contested or indistinct land titles hinder the supply of capital and credit for agriculture.[4] Small and negligible ranchers, who record for the greater part of the absolute land property, and may not hold formal land titles, can't access standardized credit.[5] 

Sources: RBI Report on Medium-term Path on Financial Inclusion; PRS. 

Figure 1: Land possessions and wellsprings of rural credit, starting in 2013 (in %) 

Credit stream to farming has been reliably expanding with the financial segment surpassing the objectives set for advance dispensing by the legislature. The objective for credit stream to horticulture expanded from Rs 6.6 lakh crore in 2010-11 to Rs 13.4 lakh crore in 2014-15. The real credit stream for both these years was Rs 8.1 lakh crore and Rs 14.4 lakh crore separately. While the credit stream to horticulture has been rising each year, the degree of monetary prohibition still stays huge. Ranchers with littler land property (short of what one hectare) fundamentally acquire from casual wellsprings of acknowledging, for example, moneylenders (41%), and companions and relatives (14%) (see Figure 1). 

Wrong land records likewise influence the accessibility of different contributions for cultivating. For instance, if the real territory being developed is more than the region set apart in the land records, the region guaranteed is not exactly the developed region. This could prompt a decrease in the protection cases of farmers.[6] 

Figure 2: Share of areas in GDP (at 2004-05 costs, in %) 

Improvement of new framework: Over the most recent couple of decades, the economy of the nation has seen a move from being agrarian-based to getting to be assembling and administrations based (see Figure 2). This has required the advancement of a framework, and a move in land use from horticulture to business, mechanical, and private. Land that was before utilized for cultivating is presently being utilized to set up enterprises, control plants, fabricating units, construct streets, lodging, and shopping centres. 

Sources: Central Statistics Office; PRS. 

Nonetheless, a few of the new foundation activities are seeing deferrals, with land-related issues regularly being a key factor. These postponements happen due to non-accessibility of encumbrance free land (proof that the property being referred to is free from any money related and lawful risk), non-updation of land records, protection from joint estimation review of land records, requests for higher pay via land proprietors, and documenting of huge number of mediation cases via landowners.[7] For instance, getting a land possession testament can take around 60 days in Gujarat and as long as a year in Chennai and Odisha.[8] 

Hazy land titles, going with expenses because of title questions and prosecution, and absence of straightforwardness in land exchanges make the land advertise inefficiently.[9],[10] Execution of new undertakings requires clearness on the proprietorship and estimation of land, the two of which become troublesome without clear land titles. Any foundation made ashore that isn't sans encumbrance, or has hazy land records can be conceivably tested, later on, making such ventures unsafe. 

Note: UA is Urban Agglomeration, OG is Out Growth of a city. 

Sources: Census of India; PRS. 

Figure 3: Growth in the number of urban regions somewhere in the range of 2001 and 2011 

Urbanization and the lodging deficiency: More as of late, land use is additionally changing because of urbanization and further development of such urban territories (see Figure 3). While statistics towns are places with urban attributes (populace over 5,000, in any event, 75% of the populace occupied with non-farming work, and a populace thickness of at any rate 400 individuals for every sq. km.), statutory towns are urban zones with a nearby expert. Figure 3 infers that provincial territories are quickly urbanizing and may not really have an urban neighbourhood body. Note that statistics towns could be represented by gram panchayats and be delegated country zones regardless of having urban attributes. 

The lodging deficiency in urban regions was assessed to be 1.87 crore units in 2012, and this is relied upon to increment to two crore units by 2022.[11],[12] With the internal urban communities becoming increasingly busy, in a few urban communities, new lodging is currently being given at the city limits. Misty land titles mean a few of these new lodging undertakings may get into land proprietorship debates. 

The shortage of reasonable lodging in urban regions drives the urban poor to live in ghettos or unapproved colonies.[13] These ghetto tenants don't approach an unmistakable land title or any proprietorship rights. Such ghettos may involve prime land in urban zones. In any case, since the ghetto tenants don't have any possession rights, they don't make good on any government obligations on the property they involve. This outcome in nearby urban bodies (ULBs) missing out on property charge, a significant wellspring of income for them. Further, since such states are unapproved, it is hard for the ULBs to give fundamental administrations (water supply, sewerage, power, and so on.) in them. 

Under new plans for urban improvement (Smart Cities Mission, AMRUT), urban communities are attempting to raise their very own income through property assessments and land-based financing. This further requires the significance of giving an arrangement of clear land titles in urban regions. 

Benami exchanges: A Benami exchange is one where a property is held by or moved to an individual; however, has been accommodated or paid by someone else. The White Paper on Black Money (2012) had noticed that dark cash produced in the nation gets put resources into Benami properties. Hazy titles and non-refreshed land records empower completing property exchanges in a non-straightforward manner. The Standing Committee on Finance (2015) looking at the Benami Transactions Prohibition (Amendment) Bill, 2015 noticed that age of dark cash through Benami exchanges could be pre-empted and disposed of by digitisation of land records and their ordinary updation.[14] 

Box 1: The development of land records 

Before autonomy, the land was, for the most part, focused on the proprietors or zamindars, who had changeless property rights. The zamindars gathered land lease from a given region and paid a fixed entirety as land income to the administration. This land income framed a key wellspring of government pay. In any case, the lease that should have been paid by the cultivator inhabitants was unregulated and was liable to the attentiveness of the proprietors. This enabled the proprietors to make benefits by charging rents in abundance of the sum to be paid as income. 

Since the landowners were fundamentally keen on expanding rent gathering, an arrangement of land records was made and kept up to encourage this procedure. These land records outfitted data significant for land income appraisal, for example, a zone of the property, and subtleties of the individual possessing the property. Post-

Department	Functions	Documents maintained	Officers
Revenue	·   Collection of land revenue ·   Updating and maintaining revenue records	·   Record of Rights (RoR) ·   Mutation register	·   District - Collector ·   Block - Tehsildar ·   Village - Patwari
Survey and Settlement	·   Maintaining spatial land records	·   Village map ·   City survey maps	·   District - Deputy inspector ·   Block - Town surveyor ·   Village - Village Administrative Officer
Registration and Stamp Revenue	·   Registration of property documents and deeds ·   Evaluation and collection of stamp duty	·   Encumbrance certificate ·   Sale deed	·   District - Registrar ·   Block - Sub-registrar

Sources: Land administration departments of various states; PRS.

Multiple entities deal with land registration and records

Land records are a combination of three types of data records: (i) textual (RoR), (ii) spatial (maps), and (iii) transaction details (sale deeds).  Three different state departments are responsible for each of this data on land records.  In the presence of multiple agencies responsible for registration and maintenance of records, it is difficult to ensure that survey maps, textual data, and registration records match with each other and are updated.  In addition, citizens have to approach several agencies to get complete information on land records.[28]  Most of these departments work in silos, and updating of records by any one of them makes the records of the others outdated.[29]

This discrepancy in property data builds in inefficiencies into the land market and affects infrastructure related projects.  The Report of the Parliamentary Standing Committee on Commerce on Ease of Doing Business (2015) had recommended integration of land records in a database.[30]  The integration must be done in a manner that all mortgage data against these lands can be seen online.  It had also recommended the creation of a unique property identification code by linking city survey numbers to municipal bodies so that all data in the context of a particular property is available online.  The FSRC (2009) had recommended standardisation of forms and computerisation of land offices.18  This would help reduce corruption, loss of records, and delay in transactions. 

The FSRC (2009) had also noted that for creditors to be interested in a property, they should be able to establish a secured claim to it, and secure all information around it.  This would require a well-organised system of property records and registration process.  Further, a central body should be set up that would establish a regulatory framework and enforce technical benchmarks and standards for cadastral mapping.18  The draft Land Reforms Policy (2013) had also recommended setting up national and state authorities for the computerisation of land records.[31] 

Challenges to establishing clear land titles

Several committees have suggested that moving to a conclusive titling system will help address the issues around unclear land titles.  The Ministry of Rural Development has undertaken a land records digitisation and modernisation scheme, the National Land Records Modernisation Programme (NLRMP) which seeks to move to a conclusive system of titles.  While moving to a conclusive land titling system is desirable, it poses several challenges. 

Firstly, it would require ensuring that all existing land records are accurate and free of any encumbrances.  Currently, land records are incomplete, inaccurate and do not reflect the position on ground.  Cross checking all these records against all past transactions, and with the existing position of ground would be time consuming, and resource intensive process. 

Secondly, it would require that all information around land is available through a single window.  Currently, land records are dispersed across various departments.  Changes in land records in one department are not always reflected in the records in the other departments.  Integration of information across departments would require integrating such information, updating these records, and ensuring that the information across the departments matches.28  It would also require creating systems where any new information is recorded and updated through a single window, and that gets reflected across all the departments.  Note that in municipal areas, some property related data is also stored in other departments such as electricity, and water supply.  These would also need to reflect the updated property information. 

Thirdly, with regard to the legal framework, land, registration of documents, and contracts are regulated across both centre and states.  Moving to conclusive titling would require amending these central and state laws, and creating a unified legal framework that provides for government guaranteed land ownership.

In light of such challenges, the next section discusses the reforms that the government has undertaken to resolve the issues around land records, and maps the progress so far. 

Reforms undertaken to improve the system of land records

In the last three decades, in an attempt to improve the quality of land records, and make them more accessible, the central government has implemented various schemes for the modernisation of land records.  Around 1988-89, the central government started the Computerisation of Land Records scheme to computerise all land records.  Other schemes to improve land records and administration that were introduced around the same time were the Strengthening of Revenue Administration and the Updating of Land Records schemes.  In 2008, all these schemes were merged into a centrally sponsored scheme, the National Land Records Modernization Programme (NLRMP). 

The scheme has now been renamed as the Digital India Land Records Modernization Programme (DILRMP) and is a part of the Digital India initiative.[32]  The scheme was changed into a Central Sector Scheme in April 2016.[33]  With this change, the scheme will now be implemented by the central government with 100% of the grants coming from the centre.  Between 2009 and 2016, about Rs 946 crore was sanctioned by the central government under NLRMP, of which Rs 412 crore was released.[34] 

The major components of NLRMP/DILRMP are the following:

computerisation of all existing land records including mutations (or transfers);

digitization of maps, and integration of textual and spatial data;

survey/ re-survey, and updating of all survey and settlement records including creation of original cadastral records (record of the area, ownership and value of land) wherever necessary;

computerisation of registration and its integration with the land records maintenance system; and

development of core Geospatial Information System (GIS) and capacity building.

NLRMP (now DILRMP) intends to eventually move from the existing system of presumptive titles to conclusive and state guaranteed titles.  The conclusive title system is based on four basic principles:

A single window system for land records which will provide for the maintenance and updating of textual records, maps, survey and settlement operations and registration of immovable property.

The cadastral records reflect all the significant and factual details of the property titles.

The record of title is a true depiction of the ownership status, mutation is automatic following registration, and the reference to past records is not necessary.

Title insurance, which means that the government guarantees the title for its correctness, and will compensate the title holder against losses arising due to defects in the title.

Box 3: Bhoomi Project, Karnataka[35],[36]

Bhoomi is the project for the online delivery and management of land records in Karnataka.  The project was implemented by the Karnataka state government based on the funding received from the Computerisation of Land Records scheme in 2000.  Under the project, all the manual Record of Rights (RoR), Tenancy and Crops (RTCs) which prevailed at the time of data entry were digitised and made available to the citizen through kiosk centres.  The RTC is a document needed for several things such as obtaining bank loans, selling properties, creating partition deeds, etc.  Under the project, the Revenue Department in Karnataka has computerised 20 million records of land ownership of 6.7 million farmers in the state. 

Earlier, farmers were dependent on the village accountant to get a copy of the RTC.  This led to delays, cases of harassment, and bribery.  Bhoomi reduced the discretion of public officials by enabling mutation and data requests to be made online.  All the ownership or any other changes in the RTCs are carried out through mutation as per Karnataka Land Revenue Act,1964, and using the land records database.  A printed copy of the RTC can be obtained online at computerised land record kiosks (Bhoomi centers) in taluk offices for a fee of Rs 10.  If the mutation is not completed within 15 days by the revenue officer, farmers can approach a senior officer person with their grievance. 

Currently, all the taluk databases are being uploaded to a web-enabled central database.  RTCs are now available to view online for free and are also being issued from rural tele-centres.

Sources: Revenue Department, Government of Karnataka; Success stories on National Land Records Modernization Program, Ministry of Rural Development; PRS.

Progress under DILRMP

DILRMP is currently being implemented in all states, but with differential progress.[37] 

Computerisation:  As of September 2017, six states/ union territories (UTs) have completed computerisation of land records (100% complete), 10 states/ UTs have completed between 95%- 99%, and five states/ UTs have not started (see Table 4 in the Annexure).  19 states/ UTs have started issuing digitally signed RoRs.  Of these, in five states, more than 95% of the villages have been issuing digitally signed RoRs (see Table 5 in the Annexure).  18 states/ UTs have started linking cadastral maps to the RoRs.  Out of these, two states (Odisha and Tripura) have almost completed this process (see Table 6 in the Annexure). 

As the above data suggests, implementation of NLRMP/DILRMP has been a challenging task.  Most states use their local language and different terminologies in their textual and spatial land records.  As of September 2017, 86% of land records have been computerised.  This implies that the current land record on paper has been digitised and uploaded on system, from which citizens can access this information.  However, only 47% of the mutation records (recording the transfer of ownership) have been computerised.  This means that the remaining 53% of the records have not been updated with the current data on ownership.  If the intent of digitising records is to have easy access to correct data, real time updating of property records becomes essential.  However, real time updation of RoR and maps has been done for only 15% of the land records. 

About 46% of the cadastral maps have been digitised so far.  Further, only 39% of the spatial data has been verified.  This could mean that the digitised records are still incomplete, as 61% of the records would not have updated spatial data.  Further, this could imply that spatial records of land are at variance from the information in RoRs.  Consequently, one can see that only 26% of cadastral maps have been linked to RoRs.  As has been noted by various expert committees, most spatial records date back several years, implying that they may not reflect changes in property records.  Under the DILRMP, re-survey and survey work has been carried out in only 9% of the villages.  The financial and physical progress of DILRMP can be found in Tables 3-7 in the Annexure.

Survey and re-surveys:  In December 2016, certain changes were made to DILRMP.[38]  As per the changes, survey or re-survey operations will be conducted only when the RoR, or field book or map are not available or are destroyed/ damaged/ outdated.  Further, if there is a difference between the area recorded in both the documents, the area recorded in the RoR will prevail.  Note that 20 states/ UTs have not started the process of survey/ re-survey (see Table 7 in the Annexure).

Note that most of the 6.4 lakh villages in the country were surveyed and their cadastral maps prepared during the late 19th and early 20th century.  In rural areas, more than 140 million land owners have more than 430 million records.[39]  There are about 92 million ownership holdings, each with four to six parcels of holdings.  The survey/ re-survey has to be done for each plot of land.  Further, the government and each land owner must arrive at an agreement certifying that the owner is satisfied with the survey.39  This further necessitates the need to undertake surveys on a periodic basis to update information in cadastral maps.  The Expert Committee on Land Titling (2014) had recommended that for a guaranteed titling system, it is essential that the spatial and textual records are integrated and unified, so that there is no gap between the two.[40]

DILRMP in urban areas:  In February 2017, the Ministry of Rural Development clarified that under DILRMP, computerisation of record of rights and digitisation of cadastral maps will include urban areas in addition to rural areas.[41]  Further, details of immovable property (or the constructed house) will not be recorded under DILRMP, and it will be restricted to land only.  Note that presently, the Ministry puts out information on the progress made in computerising record of rights and digitising cadastral maps in rural areas only.

It has been estimated that surveys are required for approximately 55 million urban households.39  Further, it has been noted that urban areas require new surveys, as urban local bodies merely update data for purposes of taxation, and not for ownership.  A door to door survey would be needed which gets cumbersome in multi-storied buildings.  The Expert Committee on Land Titling (2014) had

Box 4:  Rajasthan Urban Land (Certification of Titles) Bill, 2016

In April 2016, Rajasthan passed the Rajasthan Urban Land (Certification of Titles) Bill, 2016.  The Bill provides for certification of urban land titles.  The Bill establishes the Urban Land Title Certification Authority.  Certification of title will be voluntary and persons interested in getting clear titles to their property will approach the Authority.  The Authority will receive applications, scrutinise documents, verify information and issue the certificate of title.

The owner of a land that has been surveyed will have to pay a survey fee not exceeding one third of the total cost of the survey.  To obtain a certificate of title, the applicant will have to submit relevant document and a fee equal to 0.5% of the price of land. 

A provisional certificate will be provided for two years, and if there are no disputes to the title during this time, a permanent certificate will be awarded.

recommended that in the absence of accurate description of the boundaries and location of properties, large scale cadastral surveys and re-surveys needed to be undertaken in urban areas.40 

With regard to giving titles to immovable properties in urban areas, the Committee suggested that for properties such as newly constructed multi-story apartments, a first time occupant can get a clear title from the government.  Since such property has no past history, consequently, there will be no defects in the title.  The Committee noted that with an increase in urbanisation, and more people opting to live in multi-storeyed housing in urban areas, such a method could cover up to 50% of urban properties in the next 20 years. 

The White Paper on Black Money (2012) had recommended the introduction of property title verification system in urban areas for the real estate market to function efficiently.  The Standing Committee on Finance (2015) examining the Benami Transactions Prohibition (Amendment) Bill, 2015 noted that amendments to the Transfer of Property Act, 1882 and Registration Act, 1908 may be made to provide for: (i) online registration of all immovable properties, (ii) linkage of Aadhar and PAN numbers of all parties involved in purchase of a property, and (iii) sharing of data by the registration authorities with tax authorities. 

Capacity building:  The entire process of data collection and storage with regard to land records happens at the village, city, or block level.  The Committee on State Agrarian Relations (2009) had observed that for updating land records and strengthening land management, there is a need to build capacity among officials at all levels.  It recommended that, with the introduction of new technology such as GIS, GPS and use of satellite imagery to update land records, manpower responsible for upgradation, registration, and maintenance of land records should be adequately trained and skilled.  This training should include understanding revenue records, surveying, creation of the record of rights and their maintenance.  The training exercise should also include development of skills such as computer operation, maintaining records, and data management. 

Estimates suggest that this training exercise has to be carried out for one-two lakh patwaris, over 50,000 survey staff, and in approximately 5,000 tehsils, and 4,000 registration offices.39  The Standing Committee on Rural Development in 2016 also recommended the need to enhance the capacity at the level of patwari and tehsildar for effective implementation of NLRMP.[42]

The land record computerisation and modernisation schemes have been in process for the last 30 years.  The Ease of Doing Business report (2015) observed that the pace of modernisation of records and bringing them to an online platform has been slow.30  Other measures that could encourage and improve the computerisation of land records include: (i) clarifying the policy and establishing clear criteria and accountability mechanisms for allocation of central funds on this; (ii) identifying and publicising best practices on technical and legal issues, and promoting exchange and communication among technical staff across states; and (iii) prioritising full functional integration between records and registry.18

Summing up

While conclusive titling has been suggested as the solution to solve the problem around land records in India, several steps need to be completed before the government starts giving out guaranteed land titles.  These steps include: (i) amending laws across centre and states, (ii) administrative changes at the state level that streamline the collection and maintenance of land data, and (iii) ensuring that all data is regularly updated and easily accessible (on a digital platform). 

DILRMP has so far been focusing on the last aspect of digitising and updating of records.  Further, the programme’s progress has been slow.  Processes such as surveys and re-surveys, which would help update the spatial records have been going on at a slow pace due to the huge volume of records.  Recently, Rajasthan started the process of giving guaranteed land titles in urban areas by introducing the Rajasthan Urban Land (Certification of Titles) Act, 2016.  However, it remains to be seen how successful the new law is in providing people with guaranteed property titles. 

Annexures

Glossary of key terms and concepts

Cadastral map is a record of the area, ownership and value of land.  Such maps were originally used for the purpose of taxation.  These maps provide description and identification of a piece of land and the record of rights associated with it. 

Encumbrance certificate is a document used as an evidence to prove that a property is free from any monetary and legal liabilities.  Such a property can be transacted, that is brought and sold between a buyer and a seller.   

Freehold property means a property that has a clear owner and is free from any other claims to it.  The title to such a property is clear and its sale does not require consent from the state.  It can be inherited and there are no restrictions on the sale or transfer of such property (in accordance with the land policies).  

Land administration means the implementation of land policies and the rules of land tenure.  Land administration could exist in both formal and informal structures. 

Land ceiling is a mode of land rationing, which attempts to control the quantity of land available with a land owner.

Land tenure primarily means the access to land by means of ownership or tenancy and the responsibilities associated with the form of access.  In India, land tenure is of two types: freehold and leasehold. 

Land title means having ownership of land or an immovable property.  Having a clear land title protects the rights of the title holder against other claims to the property.

Land-use means the function for which land is being used.  Most planning documents mark out the usage of land to regulate physical development.

Land-use regulation is the enforcement and implementation of land-use planning and the adjudication of conflicts related to land-use patterns.

Leasehold property typically is one where the property has been taken on lease from the state.  The person using such a property has no ownership over it which means they cannot sell or transfer it to someone else.  Usually, such leases are for a duration of 99 years.

Mortgage is a legal agreement that conveys the conditional right of ownership on a property by its owner (the mortgager) to a lender (the mortgagee) as security for a loan.

Mutation is recording the transfer or change of title of a property in the land records.  The change in title could occur due to inheritance or succession.

Sale deed is a document that contains details about the location and market price of the land that is being purchased/sold.

Security of tenure is the certainty that a person’s rights to land will be recognised by others and protected in case of a challenge. 

Torrens system is a titling system under which the government registers the land and guarantees a conclusive title.  It covers various forms of land registration such as transfer, mortgage, lease, etc.

The draft Land Titling Bill, 2011

Under the Constitution, land falls within the jurisdiction of states (Item 18 in the State List).  The central government had released a draft Land Titling Bill in 2011 as a model law for the consideration of all states.  Key features of the draft Bill include:

The draft Bill provides for the registration of all immovable property to establish a system of conclusive, electronically recorded titles. It also provides for a mechanism to invite objections and for the resolution of disputes through special tribunals.  The property record will be considered as conclusive ownership by the person mentioned.  This will help resolve uncertainties in property transactions.

The Bill establishes a Land Titling Authority at the state level. The Authority’s task will be to prepare a record of all immovable properties in its jurisdiction.

Each property’s record will contain: (a) survey data of boundaries of that property; (b) a unique identification number, which may be linked to the UID number; (c) any record created by an officer of the state or Union Territory (UT) government authorised by the laws of that state to make such records; and (d) a record of title.

The Bill provides for the state or UT government to create Title Registration Offices at various places, and for a Title Registration Officer (TRO) to function under the supervision of the Land Titling Authority. The TRO will have powers of a civil court and is charged with the task of creating a Register of Titles.

After completion of records is notified by the Authority, the Register of Titles is prepared and maintained by the Authority. For each property, the Register will include: (i) general description, map, and locational details of the immovable property; (ii) descriptive data such as a unique identification number, plot number, total area, built up and vacant area, address, site area, and undivided share in the land; (iii) detail of survey entry, provisional title record, conclusive title record and status, mortgage, charges, other rights and interests in the property; and (iv) details of transfer of the property and past transactions; and (v) disputes pertaining to the property.

Entries in the Register of Titles will serve as conclusive evidence of ownership. These entries will be maintained in electronic form, indemnified, and kept in the public domain.

Sources: The Draft Land Titling Bill, 2011, Ministry of Rural Development, http://www.prsindia.org/uploads/media/draft/Revised%20Draft%20Land%20Titling%20Bill%202011%2013-05-2011.pdf; PRS.

Modernisation of Land Records: Cadastral mapping

In India, states conduct surveys to map information with regard to land such as property boundaries, land use, ownership, etc.  A cadastral map is a record of the area, ownership, and value of land.  These maps provide description and identification of a piece of land, and the record of rights associated with it.  Such maps were originally used for the purpose of taxation.  The cadastral survey of an area which has already been surveyed earlier is known as re-survey. Surveys are conducted in several ways depending on the factors such as terrain conditions, vegetative cover, built-up areas, timeliness, cost, etc.  Some of the survey methods currently being used include:

Pure ground method: This technology is suitable for small land parcels.  It is adopted in areas where photos from aerial photography or high resolution satellite imagery (HRSI) are not available.  Ground surveys that capture land boundaries, and other attributes such as land use, irrigation status are carried out by the survey agency.  The land boundaries are linked with data attributes in a GIS format to create a digital database.  This method gives the most accurate measurement and is the costliest to implement.

Gujarat has undertaken surveys/re-surveys using this method.

Hybrid technology using aerial photography along with ground trothing: Ground truthing involves collecting data on ground/ location.  This is done in order to get reference points for positioning aerial imagery data (or data traced from it).  In this process, aerial photographs are generated by the agency undertaking the survey. The creation of the digital database follows similar process as the pure ground method.  This method is suitable for medium size land parcels and plain areas with less vegetation.

Bihar and Odisha have undertaken surveys/re-surveys using this method.

High resolution satellite imagery (HRSI) along with ground trothing: In this process, the GPS coordinates for each ground control point (point used to reference satellite data with ground boundary) of a land parcel are collected and processed.  Cadastral maps along with the ground control points are overlaid on high-resolution satellite images.  After due validation, a single mosaic of all land parcels in a village is generated.  The creation of the digital database follows similar process as pure ground method.

Haryana has undertaken surveys/re-surveys using this method.

The hybrid methodology is more preferable than the pure ground method because it saves time significantly.  The HRSI option may not be suitable for original cadastral surveys because of its wider margin of error.

Sources: Guidelines, Technical Manuals and MIS 2008-09, The National Land Records Modernization Program); National Level Monitoring of Digital India Land Records Modernization Program, January 2016; “Cadastral maps”, Cadastral surveys and records of rights in land, FAO Land Tenure Studies, Food and Agriculture Organisation; PRS.

 

Table 3: Fund utilisation under DILRMP (as of September 2017, in Rs crore)

State/UT	Funds sanctioned by centre	Funds released by centre	Utilised Amount	Unspent Balance	Districts covered (in %)
Andhra Pradesh	65.2	65.2	21.6	43.6	100%
Arunachal Pradesh	20.9	12.1	4.2	7.9	14%
Assam	44.3	36.6	16.7	19.9	82%
Bihar	160.2	77.7	51.8	25.9	100%
Chhattisgarh	94.8	33.5	19.4	14.1	81%
Goa	6.6	4.0	0.5	3.5	100%
Gujarat	184.1	143.0	96.2	46.8	100%
Haryana	61.4	41.4	24.9	16.5	95%
Himachal Pradesh	69.3	43.4	0.4	43.0	100%
Jammu & Kashmir	15.9	9.9	8.5	1.4	32%
Jharkhand	41.8	30.1	35.1	-5.0	83%
Karnataka	40.6	24.5	0.2	24.3	97%
Kerala	40.9	28.1	15.6	12.5	100%
Madhya Pradesh	137.5	83.2	85.8	-2.5	53%
Maharashtra	104.3	65.4	16.7	48.7	67%
Manipur	2.3	1.7	-	-	25%
Meghalaya	8.3	6.2	0.8	5.5	45%
Mizoram	24.1	13.2	18.1	-4.9	50%
Nagaland	17.2	15.5	15.5	-	8%
Odisha	151.7	96.3	67.5	28.8	100%
Punjab	43.0	28.0	10.5	17.5	100%
Rajasthan	193.2	41.4	91.0	-49.6	33%
Sikkim	11.1	8.5	9.4	-0.8	100%
Tamil Nadu	48.0	32.1	6.6	25.5	100%
Telangana	139.8	83.9	11.1	72.7	29%
Tripura	32.6	23.0	22.9	0.1	100%
Uttarakhand	15.2	7.7	2.7	5.1	100%
Uttar Pradesh	32.1	18.5	5.4	13.1	32%
West Bengal	102.6	75.3	80.4	-5.1	90%
Andaman & Nicobar Islands	1.0	0.7	0.5	0.2	67%
Chandigarh	4.3	0.7	0.4	0.3	100%
Dadra & Nagar Haveli	0.5	0.4	0.4	-0.03	100%
Daman & Diu	1.4		0.7		100%
Lakshadweep	2.2	2.2	1.7	0.5	100%
NCT of Delhi	3.1	1.3	-	-	9%
Puducherry	5.0	3.4	2.7	0.7	50%
Total	1,926.5	1,157.8	745.8	409.7	69%

Note: Negative unspent balance could indicate that states have spent amount higher than the funds released by the centre.  Districts covered indicates all those districts where money released from the centre has been allocated.

Sources: DILRMP MIS, Ministry of Rural Development; PRS.

Table 4: Status of computerisation of land records (CLR)

State	Number of villages	CLR Completed (%)	CLR Ongoing (%)	CLR not started (%)	Mutation computerised (%)
Andhra Pradesh	17,563	97%	1%	2%	98%
Arunachal Pradesh	5,590	0%	0%	100%	0%
Assam	26,777	52%	0%	48%	62%
Bihar	46,368	65%	19%	16%	2%
Chhattisgarh	20,401	89%	6%	5%	90%
Goa	425	0%	33%	66%	34%
Gujarat	18,531	96%	0%	4%	83%
Haryana	7,088	93%	4%	3%	93%
Himachal Pradesh	20,694	100%	0%	0%	2%
Jammu & Kashmir	5,733	9%	0%	91%	0%
Jharkhand	32,752	44%	24%	32%	32%
Karnataka	29,523	100%	0%	0%	0%
Kerala	1,674	44%	1%	55%	44%
Madhya Pradesh	55,070	99%	0%	1%	31%
Maharashtra	44,855	99%	1%	0%	99%
Manipur	2,743	9%	3%	88%	8%
Meghalaya	6,822	0%	0%	100%	0%
Mizoram	826	0%	0%	100%	0%
Nagaland	1,601	0%	0%	100%	0%
Odisha	51,681	100%	0%	0%	0%
Punjab	12,894	94%	0%	6%	30%
Rajasthan	47,921	97%	0%	3%	8%
Sikkim	417	93%	0%	7%	67%
Tamil Nadu	16,721	78%	0%	22%	74%
Telangana	10,829	99%	0%	1%	99%
Tripura	891	100%	0%	0%	100%
Uttarakhand	17,126	87%	0%	13%	37%
Uttar Pradesh	1,09,109	96%	0%	4%	73%
West Bengal	42,191	97%	1%	2%	96%
Andaman & Nicobar Islands	209	98%	2%	0%	98%
Chandigarh	16	38%	6%	56%	6%
Dadra & Nagar Haveli	72	100%	0%	0%	100%
Daman & Diu	28	79%	14%	7%	93%
Lakshadweep	24	100%	0%	0%	0%
NCT of Delhi	207	0%	0%	100%	0%
Puducherry	130	98%	0%	2%	98%
Total	6,55,502	86%	3%	11%	47%

Sources: DILRMP MIS, Ministry of Rural Development; PRS.

Table 5: Progress on Record of Rights (RoR)

State	Total Number of ROR	Number of villages	Issuance of digitally signed ROR (% of villages)	ROR Linkage With Aadhaar Completed (% of Villages)	ROR Linkage With Aadhaar Completed (% of ROR)
Andhra Pradesh	87,08,469	17,563	98.0%	94.3%	97.2%
Arunachal Pradesh	-	5,590	0.0%	0.0%	0.0%
Assam	16,654	26,777	0.0%	0.0%	0.0%
Bihar	3,46,38,283	46,368	0.2%	0.0%	0.0%
Chhattisgarh	1,88,39,626	20,401	3.4%	0.3%	0.4%
Goa	72,880	425	0.0%	0.0%	0.0%
Gujarat	1,04,13,822	18,531	30.5%	0.8%	1.0%
Haryana	17,75,941	7,088	2.9%	1.0%	1.1%
Himachal Pradesh	20,256	20,694	86.3%	0.2%	0.2%
Jammu & Kashmir	528	5,733	0.0%	0.0%	0.0%
Jharkhand	5,74,191	32,752	3.7%	0.9%	1.9%
Karnataka	-	29,523	0.0%	0.0%	0.0%
Kerala	81,66,375	1,674	0.0%	0.0%	0.0%
Madhya Pradesh	3,86,83,821	55,070	31.3%	0.0%	0.0%
Maharashtra	2,27,69,497	44,855	0.0%	0.0%	0.0%
Manipur	3,34,879	2,743	0.0%	0.0%	0.0%
Meghalaya	-	6,822	0.0%	0.0%	0.0%
Mizoram	2,400	826	0.0%	0.0%	0.0%
Nagaland	-	1,601	0.0%	0.0%	0.0%
Odisha	1,45,39,180	51,681	0.0%	0.0%	0.0%
Punjab	38,32,120	12,894	0.2%	0.2%	0.2%
Rajasthan	97,79,242	47,921	7.9%	0.0%	0.0%
Sikkim	1,29,655	417	0.0%	0.0%	0.0%
Tamil Nadu	1,94,45,769	16,721	76.4%	0.1%	0.2%
Telangana	1,32,80,649	10,829	99.2%	91.1%	95.4%
Tripura	10,99,422	891	68.2%	0.2%	0.2%
Uttarakhand	12,91,212	17,126	0.2%	0.0%	0.1%
Uttar Pradesh	1,91,72,512	1,09,109	79.0%	1.4%	0.5%
West Bengal	3,57,17,489	42,191	13.4%	0.0%	0.0%
Andaman & Nicobar Islands	93,007	209	98.1%	0.0%	0.0%
Chandigarh	1,080	16	0.0%	0.0%	0.0%
Dadra & Nagar Haveli	45,437	72	100.0%	0.0%	0.0%
Daman & Diu	48,508	28	0.0%	0.0%	0.0%
Lakshadweep	72,425	24	0.0%	0.0%	0.0%
NCT of Delhi	-	207	0.0%	0.0%	0.0%
Puducherry	2,88,481	130	97.7%	0.8%	5.8%
Total	26,48,53,810	6,55,502	28%	4%	8%

Sources: DILRMP MIS, Ministry of Rural Development; PRS.

Table 6: Status of map digitisation

State/UT	Number of villages	Total number of maps	Maps in good condition (% of maps)	Maps digitised (% of maps)	Spatial data verified (% of villages)	Cadastral Maps linked to RoR (% of villages)	Real time updation of RoR and Maps (% of villages)
Andhra Pradesh	17,563	3,15,798	91.5%	56.6%	1.8%	1.9%	1.9%
Arunachal Pradesh	5,590	-	-	-	-	-	-
Assam	26,777	13,426	100.0%	99.9%	50.1%	50.1%	50.1%
Bihar	46,368	70,669	99.9%	99.7%	89.8%	0.0%	0.0%
Chhattisgarh	20,401	45,447	97.3%	92.4%	90.3%	89.4%	88.9%
Goa	425	-	-	-	0.2%	0.2%	0.2%
Gujarat	18,531	7,32,256	90.3%	12.1%	41.5%	24.0%	8.9%
Haryana	7,088	56,095	93.8%	91.8%	0.4%	0.0%	0.8%
Himachal Pradesh	20,694	1,40,524	99.9%	99.8%	0.0%	34.3%	34.3%
Jammu & Kashmir	5,733	-	-	-	0.0%	0.0%	0.0%
Jharkhand	32,752	43,558	65.1%	64.7%	58.0%	1.1%	0.0%
Karnataka	29,523				0.0%	0.0%	0.0%
Kerala	1,674	1,04,560	100.0%	94.5%	0.0%	0.0%	0.0%
Madhya Pradesh	55,070	1,14,194	97.8%	97.8%	87.0%	86.8%	87.0%
Maharashtra	44,855	49,26,291	86.7%	3.6%	3.8%	0.0%	0.0%
Manipur	2,743	-	-	-	-	-	-
Meghalaya	6,822	-	-	-	-	-	-
Mizoram	826	-	-	-	-	-	-
Nagaland	1,601	-	-	-	-	-	-
Odisha	51,681	1,14,779	100.0%	100.0%	99.7%	99.7%	0.0%
Punjab	12,894	14,386	96.6%	90.9%	16.7%	0.0%	0.0%
Rajasthan	47,921	1,06,810	85.7%	15.0%	2.0%	0.3%	0.8%
Sikkim	417	2,549	100.0%	100.0%	97.1%	8.2%	8.2%
Tamil Nadu	16,721	43,25,180	94.7%	91.2%	23.9%	5.6%	8.3%
Telangana	10,829	18,040	97.3%	86.5%	85.1%	0.8%	0.7%
Tripura	891	5,266	100.0%	100.0%	99.8%	99.7%	0.0%
Uttarakhand	17,126	33,713	52.3%	0.0%	7.0%	0.0%	0.0%
Uttar Pradesh	1,09,109	97,970	78.0%	14.8%	12.1%	6.5%	4.0%
West Bengal	42,191	65,619	96.6%	90.7%	54.9%	48.4%	2.4%
Andaman & Nicobar Islands	209	1,408	50.8%	13.1%	84.2%	43.5%	43.5%
Chandigarh	16	-	-	-	-	-	-
Dadra & Nagar Haveli	72	2,271	100.0%	100.0%	100.0%	4.2%	4.2%
Daman & Diu	28	758	99.9%	-	-	-	-
Lakshadweep	24	-	-	-	0.0%	0.0%	0.0%
NCT of Delhi	207	-	-	-	-	-	-
Puducherry	130	4,044	100.0%	100.0%	66.2%	0.0%	0.0%
Total	6,55,502	1,13,65,611	91%	46%	39%	26%	15%

Sources: DILRMP MIS, Ministry of Rural Development; PRS.

Table 7: Status of survey/re-survey

					% of Villages where Survey/Re-survey Work
State/UT	No. of Tehsils	Net area (sq. km.)	Number of Villages	% of Area Surveyed	Completed	Ongoing	Not Started
Andhra Pradesh	767	1,31,641	17,563	0.6%	0.7%	0.0%	99.3%
Arunachal Pradesh	189	-	5,590	0.0%	0.0%	0.0%	100.0%
Assam	185	-	26,777	0.0%	0.0%	0.0%	100.0%
Bihar	534	4,160	46,368	5.1%	0.1%	3.6%	96.3%
Chhattisgarh	164	81,78,051	20,401	89.3%	33.6%	1.2%	65.2%
Goa	12	-	425	0.0%	0.0%	0.0%	100.0%
Gujarat	252	2,20,348	18,531	58.0%	97.1%	0.4%	2.5%
Haryana	142	8,02,169	7,088	0.0%	2.1%	0.0%	97.9%
Himachal Pradesh	136	55,839	20,694	0.1%	0.1%	0.2%	99.7%
Jammu & Kashmir	87	-	5,733	0.2%	0.0%	0.0%	100.0%
Jharkhand	268	2,94,285	32,752	0.2%	1.5%	0.0%	98.5%
Karnataka	203	-	29,523	0.2%	0.0%	0.0%	100.0%
Kerala	77	35,943	1,674	49.2%	50.1%	3.6%	46.3%
Madhya Pradesh	347	2,85,231	55,070	0.0%	0.0%	0.0%	100.0%
Maharashtra	358	3,08,306	44,855	0.0%	0.0%	0.0%	100.0%
Manipur	91	-	2,743	0.0%	0.0%	0.0%	100.0%
Meghalaya	43	-	6,822	0.0%	0.0%	0.0%	100.0%
Mizoram	29	-	826	0.0%	0.0%	0.0%	100.0%
Nagaland	121	-	1,601	0.1%	0.0%	0.0%	100.0%
Odisha	317	549	51,681	0.1%	0.0%	0.0%	100.0%
Punjab	87	-	12,894	0.1%	0.0%	0.0%	100.0%
Rajasthan	314	1,07,61,088	47,921	3.3%	7.8%	4.6%	87.6%
Sikkim	75	1,792	417	0.0%	0.0%	0.0%	100.0%
Tamil Nadu	287	1,42,725	16,721	3.0%	3.7%	0.0%	96.3%
Telangana	460	1,53,749	10,829	3.6%	8.4%	0.0%	91.6%
Tripura	47	10,587	891	91.3%	98.1%	1.9%	0.0%
Uttarakhand	129	1,22,327	17,126	0.0%	0.0%	0.0%	100.0%
Uttar Pradesh	342	9,03,096	1,09,109	0.4%	1.8%	0.4%	97.8%
West Bengal	343	84,135	42,191	44.7%	49.9%	1.4%	48.7%
Andaman & Nicobar Islands	7	836	209	66.9%	79.4%	3.8%	16.8%
Chandigarh	1	-	16	0.0%	0.0%	0.0%	100.0%
Dadra & Nagar Haveli	11	489	72	100.0%	100.0%	0.0%	0.0%
Daman & Diu	3	112	28	0.0%	0.0%	0.0%	100.0%
Lakshadweep	10	-	24	0.0%	0.0%	0.0%	100.0%
NCT of Delhi	33	-	207	0.1%	0.0%	0.0%	100.0%
Puducherry	8	-	130	0.1%	0.0%	0.0%	100.0%
Total	6,479	2,24,97,457	6,55,502	35.0%	8.5%	0.8%	90.7%

Sources: DILRMP MIS, Ministry of Rural Development; PRS.

Table 8: Stamp duty and land revenue in states (Budget Estimates 2016-17)

State Name	Total Revenue (Rs crore)	Own Tax Revenue (Rs crore)	Stamps, Registration Revenue (Rs crore)	Land Revenue (Rs crore)	Urban Immovable Property Tax (Rs crore)	Stamp duty as % of own tax revenue	Land revenue as % of own tax revenue
Andhra Pradesh	1,09,300	52,318	5,180	631	2,00	10%	1%
Arunachal Pradesh	12,774	671	8	9	-	1%	1%
Assam	66,180	15,634	479	396	-	3%	3%
Bihar	1,24,590	29,730	3,800	330	-	13%	1%
Chhattisgarh	61,427	21,964	1,485	550	-	7%	3%
Delhi	41,391	36,525	4,000	0	-	11%	0%
Goa	10,642	4,916	678	156	-	14%	3%
Gujarat	1,16,366	71,370	6,550	2,665	518	9%	4%
Haryana	62,956	40,200	3,700	18	-	9%	0%
Himachal Pradesh	26,270	7,469	248	18	-	3%	0%
Jammu and Kashmir	50,460	9,220	325	9	-	4%	0%
Jharkhand	55,756	17,050	900	400	-	5%	2%
Karnataka	1,30,758	83,864	9,100	236	-	11%	0%
Kerala	84,617	47,614	3,469	206	164	7%	0%
Madhya Pradesh	1,26,095	46,500	4,500	500	698	10%	1%
Maharashtra	2,20,810	1,44,157	23,548	3,200	-	16%	2%
Manipur	9,368	667	11	3	-	2%	0%
Meghalaya	8,981	1,269	14	5	-	1%	0%
Mizoram	7,672	331	9	12	-	3%	4%
Nagaland	10,569	515	2	1	-	0%	0%
Odisha	78,127	23,200	1,035	590	-	4%	3%
Puducherry	5,768	2,560	100	2	-	4%	0%
Punjab	50,181	30,547	2,700	68	-	9%	0%
Rajasthan	1,23,251	53,300	4,200	400	50	8%	1%
Sikkim	4,885	646	8	7	-	1%	1%
Tamil Nadu	1,48,175	90,692	9,858	315	18	11%	0%
Telangana	1,00,925	54,870	4,292	16	78	8%	0%
Tripura	12,886	1,441	38	10	1	3%	1%
Uttarakhand	32,276	12,117	1,202	27	-	10%	0%
Uttar Pradesh	2,81,555	1,01,257	16,320	660	-	16%	1%
West Bengal	1,29,530	50,774	5,199	2,643	0	10%	5%
All states and UTs with legislature	22,57,382	10,14,302	1,08,858	14,081	1,726	11%	1%