On May 27, 2025 the Ministry of Rural Development’s Department of Land Resources uploaded the draft ‘The Registration Bill, 2025’ on their website for inviting suggestions from public in a prescribed format within a period of 30 days (on or before June 25, 2025). This proposed legislation, once enacted, will repeal and replace the century old Registration Act, 1908 a statute that has long formed the foundation of property registration in India. The Bill represents not merely an incremental amendment but a comprehensive legislative overhaul, reflecting the government’s intention to align India’s registration framework with modern technological realities, administrative efficiency, and evolving commercial practices. 

I. BACKGROUND AND LEGISLATIVE RATIONALE 

The Registration Act, 1908 has, for more than a century, governed the recording of transactions relating to immovable property in India. It was drafted in an era entirely disconnected from today’s commercial, technological, and regulatory environment. While it has provided the legal infrastructure for property registrations, its continued reliance on physical presence, paper-based records, and limited procedural safeguards has made it increasingly inadequate in the face of growing real estate transactions, digitisation of land records, and the rising incidence of property frauds. 

The proposed Bill attempts to resolve many of these legacy issues by creating a legislative framework that institutionalises digital registration, standardises procedures, clarifies the powers and duties of registering officers, and better protects the interests of citizens, financial institutions, and government authorities alike. 

II.Key Features of the Registration Bill, 2025 

1. Digital and Online Registration for All Citizens 

1.1. The most transformative feature of the Bill is its formal recognition of electronic and online registration processes. The Bill introduces: 

• Electronic submission and admission of documents (Section 32). 

• Issuance of electronic registration certificates. 

• Digital maintenance and storage of registration records. 

• Electronic integration with other government databases to facilitate seamless information sharing and reduce redundancy. 

• Consent-based Aadhaar authentication, while offering alternative identity verification for those without Aadhaar (Section 29). 

• Use of e-signatures and officially valid digital documents. 

1.2. These measures are designed to reduce the need for physical appearances at registration offices, significantly benefiting citizens in remote, rural, or otherwise underserved regions. 

2. Simplification for Agreements and Wills 

2.1 Agreements 

• Citizens can register agreements, such as agreements to sell or leases, through online portals. 

• Standard templates for documents which are subject to compulsory registration. 

• Plain language requirements make legal documents more comprehensible for non-experts, democratizing access to legal protections. 

2.2 Wills 

• The Bill devotes a separate chapter to the registration of wills (Chapter XI, Sections 44-51). 

• Wills may be presented or deposited at any time, by the testator or their authorized agents. 

• Secure deposit in sealed covers and storage in fire-proof boxes ensure the safety and integrity of testamentary documents. 

• The Bill allows withdrawal or retrieval of deposited wills without bureaucratic obstacles. 

• The electronic registration of wills ensures that elderly individuals or those with urgent testamentary needs face minimal delays. 

3. Expansion of Compulsory Registration 

3.1 The Bill significantly broadens the scope of documents requiring mandatory registration (Section 12), reflecting modern property and financial transactions. The following instruments will now mandatorily require registration: 

• Agreements to sell immovable property. 

• Powers of attorney authorizing immovable property transfers with or without consideration. 

• Sale certificates issued by competent authorities. 

• Equitable mortgage arrangements (mortgage by deposit of title deeds). 

• Instruments arising from company mergers, reconstructions, and demergers. 

• Decrees and court orders affecting immovable property. 

3.2 By bringing these additional transactions within the registration framework, the Bill closes existing loopholes that often resulted in informal or unregistered agreements becoming sources of dispute. 

4. Cost and Time Efficiency for Citizens 

4.1 The Bill contains citizen-friendly financial provisions aimed at reducing the cost burden: 

• Nominal or waived fees for ancillary documents in multi-document transactions, with full registration fees payable only on the principal document (Section 70). 

• Provision for refunding excess registration fees to citizens, preventing overpayments and ensuring fairness (Section 71). 

4.2 These changes make the system more affordable, particularly for individuals engaged in complex real estate transactions involving multiple contracts. 

5. Transparency, Grievance Redressal and Safeguards 

5.1 The Bill introduces clear, transparent, and objective grounds on which registering officers may refuse registration (Section 58), including: 

• Inadequate documentation or translation. 

• Missing mandatory approvals. 

• Unresolved identity verification. 

• Statutory restrictions concerning government or attached properties. 

• Fraud or false information. 

• Further, aggrieved citizens will have the right to file appeals before the Registrar if a Sub-Registrar refuses registration (Section 60). 

• Approach civil courts for relief where the Registrar refuses registration (Section 63). 

5.2 The Bill also introduces provisions for cancellation of fraudulent registrations by designated Adjudicating Authorities (Section 64), but subject to strict adherence to principles of natural justice, including: 

• Issuance of prior notice. 

• Right to present objections. 

• Hearing before any cancellation order is passed. 

6. Citizen-Friendly Approach and Access 

6.1 A core objective of the Bill is to simplify the process for ordinary citizens and small businesses without sacrificing legal rigour: 

• Plain language drafting is mandated for documents and forms. 

• Digital submission reduces the need for travel or intermediaries. 

• Persons with physical disabilities, those in jail, or exempted from court appearances are permitted to complete registration through agents or electronic means (Section 42). 

• Special provisions ensure smooth withdrawal, presentation, or registration of wills without unnecessary formalities. 

6.2 By reducing legal complexity and enabling remote access, the Bill aims to democratize the registration process. 

7. Institutional Strengthening and Governance Reforms 

7.1 The Bill provides for significant structural reforms within the registration establishment: 

• Creation of new roles such as Additional and Assistant Inspectors General of Registration. 

• Streamlined procedures for filling vacancies in Registrars and Sub-Registrars. 

• Delegation of rule-making authority to appropriate governments, allowing adaptation to local governance needs while preserving uniformity in core legal provisions. 

7.2 This administrative modernisation is expected to improve accountability, prevent delays, and allow for more effective supervision across the federal structure. 

8. Clear Guidelines for Registering Officers 

8.1 The Bill lays down specific duties and powers of registering officers, clarifying that: 

• Registering officers are limited to verifying the validity of the documentation presented, not adjudicating property title disputes. 

• The verification of identity and authority is subject to detailed statutory procedures, including reliance on prescribed government records and digital verification (Section 37). 

• Officers must act strictly within the scope of powers conferred under the Act, increasing transparency and reducing arbitrary decision-making. 

III. Conclusion

The Registration Bill, 2025 is a long overdue and comprehensive reform that promises to bring uniformity, transparency, efficiency, and legal certainty to India’s registration regime. When implemented with due care, this law has the potential to transform how property rights are documented, protected, and enforced across India, ultimately enhancing confidence in property markets, financial systems, and governance. 

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