This has been authored by Rashi Bansal, AOR, Supreme Court Of India and Jaivardhan Singh Rathore, Legal Intern
ABSTRACT
The Draft Registration Bill, 2025 marks a transformative milestone in India’s property registration system, aiming to replace the century-old Registration Act of 1908 with a modern, digital framework designed to meet the needs of a rapidly evolving economy. This legislation introduces a fully online registration process that simplifies document submission, verification, and certification, thereby eliminating the inefficiencies and delays associated with the traditional paper- based system. It significantly expands the scope of compulsory registration to include a wider range of property-related documents such as agreements to sell, powers of attorney, and certain court orders, strengthening legal protections and reducing disputes. The bill also embraces flexible identity verification methods, ensuring inclusivity by allowing alternatives to Aadhaar-based authentication. By leveraging technology and integrating registration databases with other government records, the bill enhances transparency, reduces fraud, and accelerates property transactions nationwide. This article provides a comprehensive overview of the bill’s key provisions, explores its potential impact on homebuyers, real estate professionals, and legal practitioners, and discusses its broader implications for India’s real estate market and governance. Ultimately, the Draft Registration Bill, 2025 embodies India’s vision for a citizen-centric, efficient, and secure property registration system aligned with the digital age.
INTRODUCTION
India’s document registration system, currently governed by the century-old Registration Act, 1908, is set for a significant overhaul. The Department of Land Resources, Ministry of Rural Development, has prepared a draft ‘The Registration Bill 2025’ with the aim of transitioning to a modern, online, paperless, and citizen-centric registration system. This proposed legislation is designed to replace the pre-Constitution Registration Act, 1908, and establish a forward-looking framework that is secure, efficient, and responsive to evolving societal and technological advancements.
At the heart of the new bill is the transition to a fully digital registration system. The days of standing in long queues at government offices, navigating stacks of paperwork, and facing delays due to manual errors may soon be over. The bill proposes that all property registration processes including the submission, verification, and certification of documents take place online. This digital-first approach promises to eliminate many of the inefficiencies and risks that have plagued the traditional system, such as lost documents, fraudulent alterations, and bureaucratic bottlenecks. The issuance of electronic registration certificates and the digital maintenance of records will not only streamline access for property owners but also significantly reduce the risk of tampering and forgery.
The need for a new framework is driven by several factors, including the increasing use of digital technologies, changing socio-economic practices, and the growing reliance on registered documents for due diligence, service delivery, and legal processes. While some states and union territories have already implemented innovations like online document submission and digital identity verification under the existing Act, the new Bill aims to provide a harmonized and enabling legislative framework for these advancements nationwide.
The draft Bill introduces several key features and effective provisions to achieve its vision:
Facilitating Online Registration: The Bill includes provisions to support online registration, such as electronic document presentation and admission, electronic registration certificate issuance, and digital record maintenance. It also allows for Aadhaar- based authentication with consent, while providing alternative verification methods for those without Aadhaar or who choose not to use it. Electronic integration with other record- keeping systems is also enabled to improve efficiency and integrity of information flows. The appropriate government may also notify documents that must be registered only
through electronic means, provided the necessary infrastructure and safeguards are in place.
Expanding the Scope of Compulsory Registration: To better reflect contemporary property and transaction practices, the Bill expands the list of documents requiring compulsory registration. This expanded list includes agreements to sell, powers-of- attorney for property transfer, sale certificates from competent authorities, equitable mortgage arrangements, and certain instruments based on court orders. Authorities to adopt a son or daughter, not conferred by a will, must also be registered.
Reinforcing Legal and Procedural Rigour: The Bill proposes clear and objective grounds for registering officers to refuse registration. It also includes provisions for appropriate governments to issue rules on cancellation of registration, subject to standards such as principles of natural justice. These provisions are intended to ensure the registration process operates legally and upholds the reliability and evidentiary value of registered instruments. The power to refuse registration or cancel registration does not empower registering officers or adjudicating authorities to adjudicate on questions of title or ownership.
Institutional Strengthening and Governance Reforms: The Bill modernises the organisational structure of the registration establishment, creating a more agile hierarchy that includes Additional and Assistant Inspectors General of Registration. It also streamlines the appointment process for Registrars in case of vacancies and gives rule- making authority to the appropriate government.
Accessible and Citizen-Centric Processes: The Bill promotes the use of plain language, digital enablement, and transparent procedures to make registration more accessible, particularly for individuals and small businesses. It encourages simplification without compromising legal certainty or procedural safeguards.
Beyond digitization, the bill introduces significant organizational reforms. It modernizes the hierarchy and appointment processes within the registration establishment, creating a more agile and responsive system. The integration of registration databases with other government record-keeping agencies is another forward-thinking feature, designed to enhance the integrity and efficiency of information flows. This interconnectedness will make it easier to verify ownership, track property histories, and resolve disputes, all while reducing the administrative burden on officials and citizens
Other highlights and provisions of the draft Bill include:
Identity Verification: Persons presenting documents for registration are required to provide information for identity verification, including signature, photograph, and thumb impression (manual or biometric). They may also need to submit their PAN for certain documents and officially valid documents or their e-equivalents. Consent-based Aadhaar authentication or other forms of verification are permitted, but no person will be refused registration for not having an Aadhaar number.
Time for Presentation: Documents (except wills) must generally be presented for registration within four months from the date of execution. A copy of a decree or order can be presented within four months from the date it was made or becomes final if appealable. Provision is made for unavoidable delays, allowing for registration with a fine.
Registration Offices and Jurisdiction: Documents affecting immovable property must be presented in the office of a Sub-Registrar within whose sub-district the property is located, either in person or electronically. Other documents can be presented in the sub- district where executed or where all parties agree. Registrars have the discretion to receive and register documents that could be registered by a subordinate Sub-Registrar.
Refusal of Registration: Specific grounds for refusing registration are outlined, including incorrect translation, lack of attestation for alterations, insufficient property description, late presentation, denial of execution, issues with documents relating to government property or attached property without proper clearance, lack of required approvals, unpaid fees, and issues with identity verification.
Cancellation of Registration: The registration of a document can be cancelled by a designated Adjudicating Authority on prescribed grounds, such as being based on false information, being in contravention of the Act, or relating to a transaction found to be against applicable law by a competent authority. Procedures for notice, hearing, recording reasons, and appeal to an Appellate Authority are included.
Registers and Indexes: Registration offices are required to maintain specific books (Book 1, 2, 3, 4, and 5 at Registrar offices) for different types of documents and records, which can be in electronic form. Current indexes of the book contents must also be prepared.
Fees: The appropriate government is responsible for preparing and notifying a table of fees for various registration-related services. The fees should have a reasonable relationship with the cost of providing services and be periodically reviewed. Fees for transactions involving multiple documents are primarily payable on the principal document, with nominal fees (if any) for others.
Penalties: The Bill outlines penalties for incorrectly endorsing, copying, translating, or registering documents with intent to injure, as well as for making false statements,
delivering false copies or translations, false personation, and abetment. Registering officers can initiate prosecutions for offenses under the Act [42].
Repeal of the 1908 Act: The Registration Act, 1908 is repealed by this Bill. However, actions taken and documents issued under the repealed Act will be deemed valid under the new Act if not inconsistent with its provisions, and existing offices, exemptions, registers, and indexes will continue.
The Bill also includes provisions for the appointment of registering officers, procedures for enforcing the appearance of executants and witnesses, special provisions relating to wills and authorities to adopt, and the process for issuing registration certificates and notifying concerned authorities. The draft ‘The Registration Bill 2025’ is currently undergoing a pre-legislative consultative process, and the Ministry of Rural Development, Department of Land Resources, has invited suggestions from the public within a period of 30 days, on or before June 25, 2025. The Bill will come into force on the date the Central Government notifies it in the Official Gazette, and the Central Government may appoint different dates for different provisions of the Act.
The anticipated benefits of this overhaul are far-reaching. Buyers and sellers can expect faster, more transparent transactions and easier access to property records. Fraudulent activities, which have long plagued the sector, will become significantly harder to perpetrate thanks to digital verification and blockchain-based security features. For the real estate industry, the reforms promise to attract greater investment, streamline compliance, and boost overall market confidence. Legal professionals expect that the simplification and standardization of documentation will reduce disputes and expedite resolution processes, ultimately lowering transaction costs and making property ownership more accessible to all.
The Road Ahead
The Draft Registration Bill, 2025 is currently open for public feedback, reflecting the government’s commitment to a consultative and transparent legislative process. Once enacted, it promises to make property transactions in India simpler, safer, and more aligned with the realities of a digital economy. The Registration Bill, 2025 represents a landmark step toward modernizing India’s property registration system making it digital, accessible, and future-ready for all stakeholders