Supreme Court Rule in Samiullah vs State of Bihar
Context:
In the recent case of Samiullah vs State of Bihar, the Supreme Court struck down the state government's rules that linked property registration to mutation, declaring them ultra vires and arbitrary
Key Rulings:
The Court reaffirmed that the registration of a transfer deed is legally distinct from establishing title or ownership.
Disputes regarding title fall exclusively within the jurisdiction of civil courts, not the executive or registration authorities.
The rulings clarify that the Registration Act is concerned solely with the registration of documents.
It creates only a rebuttable presumption of ownership rather than serving as conclusive proof of title.
The Court held that executive authorities cannot impose additional conditions (like mandatory mutation) to refuse the registration of a document if the statutory requirements of the Registration Act are met
Observations on Land Governance:
The Court described the process of buying and selling property in India as traumatic for citizens, citing deep-rooted issues like fragmented land governance and unsynchronised records
The judgment highlights the urgent need for administrative and technological reforms
This includes the integration and digitisation of land records, to secure property rights and reduce litigation.