Conclusive Land Titling System (CLTS)

In the light of a large number of civil suits pending in the courts relating to title of land or property, the Government started with a reform termed as the Conclusive Land Titling System (CLTS). In order to test its efficacy the government implemented the reform as a pilot project in Chandigarh in the areas where the land titles were comparatively clearer like the DDA flats near Delhi.

The programme is aimed at assuring formal property rights to the true owners of property without running long years of litigation. The programme has been successful in Chandigarh and has been found suitable for implementation in other areas of the country also. But the true success of the programme can be evaluated only after its implementation in a majority of the areas in the country.

At present, one needs to understand the working, advantages and problems with the programme.

Conclusive Land Titling System-How does it work?

Features of CLTS

• Certification-The estate office or other record keeping offices will issue online certificates of ownership rights to the extent of share percentage of the owner in the respective property.
• Details of certificate-The certificate will contain the following details:-
  • Unique land parcel ID
  • File number, site address, name of owner, father/husband/authorized signatory name (mandatory details)
  • Aadhaar number and respective share percentage in the property in question
  • Key map of the sector where property is located with the zoomed view of the property with adjacent plots.

The certificate will also contain a QR Code alongwith a digital sign to enable the scanning of the certificate from smart phones. The latest certificate showing the property title/ownership will be displayed upon scanning.

NLRMP

In order to give impetus to the Conclusive Land Tilling System, the National Land Records Modernization Programme (NLRMP) is to be implemented. The guidelines for this Programme have been drafted but are awaiting finalization and implementation by the states. Some of the important considerations in the guidelines are:

The Four principles

Conclusive Land Tilling System works on four principles:-

1. Single window system-The NLRMP shall make use of only one portal or window to provide the data on maintenance and updating of textual records, maps, survey and settlement operations and registration of immovable property.
2. Mirror principle- The map or survey in the website shall reflect the extent, value and ownership of land for the purpose of taxation.
3. Curtain principle- This principle indicates that the record of title is a true depiction of the ownership status. The mutation takes place automatically after registration and there is no need to refer to the past records.
4. Title Insurance- This will guarantee the correctness of the title protects the title holder against loss arising on account of any defect in the record.

The NRLMP will enable computerization of land records through creation of portal where all the details will be available. The survey of the properties shall be done and maps shall be developed using hybrid methodology like electronic total station and GPS, High Resolution Satellite Imagery (HRSI) and aerial photography.

Legal changes: The implementation of CLTS requires some amendments in a few legislations. These legislations are:

• Registration Act, 1908
• State Stamp Acts
• Transfer of properties Act

It is also necessary that Model Law for Conclusive Land Tilling System be developed.

Need for CLTS

The critical position of current landholding in India calls for a reform in the system.  Some of the situations that call for this system are:

• Insufficiency of current laws– The current provisions related to landholding under the Central Registration Act, 1908 are not sufficient. They do not confer any clear title on the owners of the properties during registration of property deeds and documents. It confers only a ‘presumptive title’ as most of the property sales are registered with the authorities in the form of registered sale deeds, it doesn’t guarantee title.
• Increase in land disputes-As the current system of granting title over land does not make any probe into the past ownerships, transactions and litigation history, the buyer faces several encumbrances over the land. Often people who pose themselves as true owners claim that their land has been sold fraudulently. It turns out to be true at times and at times false. But the very process of adjudication is long and adds to the already huge list of pending disputes before the court. This problem will be solved by the CLTS as it will ensure that the missing information is collected and complete certification of land title is done. After this is issued, another individual cannot claim the land by any means.
• Better security– Land shall play a very vital role as collateral for taking any loans. This will provide a better security for the loans sanctioned by bank and will make it easy for both the bank and customer.

Current Status of Implementation

Other than the pilot project in Chandigarh, Maharashtra is the only state has come forward to implement a clear property title system. The Assembly is in the process of bringing out a state legislation in this regard.

Conclusion

Conclusive Land Titling System is indeed a way forward in modifying the archaic land laws of the country to suit them to the needs of the current scenario. The states must take it sincerely and work on its implementation in respective areas.