A new property law is forthcoming in India set to come into effect from 2025—that will completely redefine the manner in which property rights, ownership, transfer, and inheritance are regulated. This new law intends to bring about transparency in property-related deals and reduce the number of disputes. The changes will stabilize property rights for local people—particularly women—and better manage properties digitally, improving the efficiency of grabbing records. What provisions of this upcoming law should we take a closer look at?
The New Property Law—Introduction
The new law, which will be applied in 2025, is expected to make some important changes in the property rights system. The main objectives of this law include:
To bring transparency to property ownership
Reducing property disputes
Improving women’s property rights
Using digital records to help manage properties better
Despite their need to commercialize, Indian authorities hadn’t done much to curb illegal encroachments and land grabbing.
The Key Features of the New Property Law
The new law will bring the following essential changes:
1. Link property with Aadhar card
The Aadhar card of the owner of the premises will be linked with property ownership. It’s meant to prevent fraudulent property transactions based on the identification of the real property owner.
2. Digital Records
It will oblige everyone to create digital records for every property, including property description, name of the owner, and the date when they bought the property. The records will be made available
label on government portals.
3. Biometric Verification
For property transactions, biometric verification will be needed. The absence of real signatures and documents will help fight against fraud.
4. Registration Process video recorded.
In case of a dispute, a video recording will be made of the property registration process to act as proof.
5. Online Document Verification
There will be online verification of property documents, which would help trigger a red flag on fraudulent or forged papers.
Women’s Property Rights
The new law includes several provisions to strengthen women’s property rights:
An ancestral property will give rights to a daughter equally.
Legal rights over what my husband owns will be given to married women.
In cases of divorce, a woman will get her share in the property.
Under the law, property rights of widows will also be protected.
Property Dispute Resolution
The new law introduces several measures to expedite the resolution of property disputes:
Fast Track Courts: Property-related cases will get one in six months as special fast track courts are created to hear them.
Online Dispute Resolution: In case of minor disputes, there will be an online platform of dispute resolution, reducing the load on courts.
Mediation: The government will promote mediation as a means of settling disputes with government-appointed mediators.
The law introduces stricter measures against illegal occupation and land grabbing:
Hunt down illegal occupiers with severe punishment.
A special task force to control land mafia activities was created.
Special campaigns for government-owned lands.
Digital Management concerning Property
To improve property management, the new law will use digital technologies:
Digital Land Records: Computers will keep an electronic register of all the land with such information as maps, names of the owners, size of the area, and so on.
Geo-Tagging: Each property will be located on a map to identify the best area it should be located in.
Blockchain Technology: For record of properties, blockchain technology is going to be employed so that no one can tamper with the records.
The best practice for transparency in property transactions refers to the promoter’s timely disclosure of specific information about the property on the market to potential customers.
Servral measures have been introduced to bring transparency to property transactions:
Future transactions of property will require this to be done online.
Part of payment for stamp duty and registration fees through the internet.
The property dealers will be controlled and have to procure their registration number.
Legislation Amendment in Inherited Property Rules
For inherited properties, the law will introduce the following provisions:
Transfer of inherited property must be registered.
Electronic records of wills and other inheritance material.
Some form of civil law that provides for a special court to try inheritance cases.
Property Tax Reforms
The new law brings changes to property tax regulations:
Instead of the payable amount, property taxes will be based on the actual market value of the property.
New taxes will be introduced on empty premises.
The finance minister has threatened action against property tax defaulters.
Changes in Rent Laws
There are also significant changes in rental laws under the new law:
This shall mean that rental agreements will require registration.
There will also be the limit of the rent charge by the landlords or the tenants.
The duties and responsibilities of tenants or landlords shall be protected under the new provisions.
Property Insurance
The new law will promote property insurance with these provisions:
Nonetheless, property insurance will be compulsory for some of the classes of properties.
Prohibiting new entrants or entry into the insurance sector by insurance companies.
An entitlement for a certain period of time before which insurance claims need to be processed and agreed on.
That is, legal recognition of property rights of foreign nationals
The law also addresses property rights for foreign nationals
As earlier pointed out, local purchase of plots by foreigners will not be allowed in India.
NRIs will have some relief with regard to the purchase of properties.
The acquisition of such property by foreign companies should attract special provisions as follows.
A New Property Law Frequently Asked Questions (FAQ)
1. How has the concept of property law changed in India?
The latest property law has been passed for the new property act to come into operation from 2025, and it brought major changes in the present laws regulating property ownership, transfer, inheritance, and disputes in India. The goals of the organization are to introduce transparency and minimize as much conflict as possible to enhance property rights, especially of women. It also focuses on booking records electronically and managing the properties efficiently.
2. There is no indication that MSRA replaced MRA, yet what is the new law aiming to achieve?
The main objectives of the new law include:
Promoting the aspect of the ability of the public to access and verify records of property owners
Reducing property disputes
Promoting women empowered by their ownership rights
There is a reality of managing the properties using a record of digitized documents.
Stopping of illegitimate intrusions into public lands and grabbing thereof
3. What is the new requirement of the law with regard to property rights?
The following conditions must be met for securing property rights under the new law:
Aadhar Linking: The properties are supposed to be tied up to the Aadhar card of the owner so that it may be certain that the person holding the property is the rightful owner.
Video Recording: The process of registering property will be recorded through videos in a bid to enable the use of the videos when there is a disagreement in the future.
Online Document Verification: This is true, especially on property documents, as part of the checks will involve online verification in a bid to detect fake documents.
4. In what way will the new law assist with the enhancement of women's property rights?
The new law has provisions to strengthen women’s property rights:
Daughters will also receive properties that belong to their ancestors to an equal extent as the sons.
Intermarried women will also gain legal remedies with regard to their husband’s property.
As to property, in the event of divorce, women shall be distributed shares.
The property rights of the widows will be safeguarded under the law.
5. What will happen to those with property disputes when this new law comes into place?
Several measures will be taken to speed up property dispute resolution:
Fast Track Courts: The terminated properties will be resolved by special courts to ensure that special decrees are issued in record time, which should take not more than six months.
Online Dispute Resolution: Minor property disputes will be determined online, and this will minimize a large turnout in the courts.
Mediation: In this case, mediation solutions will be encouraged so that all the disputes will be mediated by government-employed certified mediators.
6. What has been done to address the problem of illegal land grabbing and occupation?
The new law introduces strict measures to deal with illegal land grabbing:
Severe Punishments: Severe measures for so-called squatters on the land.
Special Task Force: Special operation teams will address the land mafia issue.
Protection of Government Land: Since the property of the state will be insured, specific promotion activities will be developed to protect government property.
Disclaimer
Please note that any purpose for this article is solely for information. In spite of the fact that this article relies on credible sources, all of
the content seen herein is considered fiction. To the author’s best knowledge, there is yet no such law that has been tabled or enacted. In any case, the contents of this article should not be relied on as legal advice; seek professional legal help if you have a concern relating to property law. The author or publisher can also not accept any responsibility for the consequences of the implementations of this article.
