'Property Purchase Traumatic' : Supreme Court Suggests Use Of Blockchain Technology To Make Land Registrations Easy & Reliable

In a set of observations with far-reaching implications for property law in India, the Supreme Court has called for a fundamental reform of the country's land registration and titling system, noting that the existing legal framework, based on colonial-era statutes, has perpetuated confusion, inefficiency and massive litigation.

A Bench comprising Justice PS Narasimha and Justice Joymalya Bagchi examined the “dichotomy between registration and title” and urged the Government of India to take the lead in modernizing the real estate transaction system using emerging technologies such as blockchain.

The Court also requested the Law Commission of India to conduct a comprehensive study and submit a report after consulting the Union and State Governments, experts and stakeholders.

Colonial-Era Laws Still Governing Property Transactions

The Court observed that India's property transaction system continues to operate under a colonial framework governed by three century-old statutes: the Transfer of Property Act, 1882, the Indian Stamp Act, 1899, and the Registration Act, 1908.

While these laws were designed for a different era, they still form the backbone of India's real estate system. However, the Court noted that they have long sustained a dichotomy between ownership and registration.

“The Registration Act mandates registration of documents, not of title. Registration of a sale deed does not confer guaranteed ownership; it only serves as a public record of the transaction having presumptive evidentiary value,” the Bench observed.

This means that even a registered sale deed is not conclusive proof of ownership, leaving property buyers dependent on a long and painstaking title search across past transactions to establish marketable title.

'Property Purchase Has Not Been Easy; It's Traumatic'

Highlighting the hardship faced by ordinary citizens, the Court said that the current system based on presumptive title through registration has made property transactions cumbersome, uncertain and litigation-prone.

“Property purchase has not been easy. It is not difficult to find people grudgingly telling us that it is, in fact, traumatic,” the judgment authored by Justice Narasimha noted.

According to the Court, property disputes constitute an estimated 66 percent of all civil cases in India, making land conflict one of the largest sources of litigation in the country.

Registration of a document recording purchase of immovable property does not confer guaranteed title of ownership, instead it only serves as a public record of the transaction having presumptive evidentiary value, but it is never a conclusive proof of ownership. The presumption is rebuttable and can always be challenged in a court of law. This system has therefore placed a significant burden of due diligence on a prospective buyer who must undertake a painstaking title search, examining the chain of ownership through a series of past deeds, sometimes going beyond 30 years or more, to ensure marketable title. The uncertainty also compels obtaining a no encumbrance certificate from the sub registrar's office to confirm that the property is free from legal liabilities or mortgage. Property purchase has not been easy, it is not difficult to find people grudgingly telling us that it is in fact traumatic. The present system of presumptive title through registration is also the primary contributor to high volume of land related litigation in India.

The Court said the outdated legal structure has created systemic deficiencies including fake documents, land encroachments, delays, the role of intermediaries and fragmentation of rules across states, all of which have undermined public confidence in land transactions.

The legal framework for purchase and sale of immovable properties suffer from several systemic deficiencies that undermine reliability, transparency and efficiency. There are problems relating to i) fake and fraudulent property documents, ii) rights and liabilities, iii) land encroachments, iv) delay in verification processes, and v) role of intermediaries etc. In addition to these, there are also administrative problems at the office of the sub-registrar of registration, involving the statutory and regulatory requirements of the presence of the buyer and seller along with two witnesses for document verification, legal authentication collection, and official recording, all of which require coordination, synchronization, and our experience has shown us that this process is cumbersome and time consuming. Moreover, land being a state subject under the Constitution, these procedures vary from state to state and are highly fragmented.

Digital Initiatives Not Enough

While acknowledging steps such as the Digital India Land Records Modernization Programme (DILRMP) and the National Generic Document Registration System (NGDRS), the Court cautioned that digitization alone cannot resolve the underlying problem of unclear titles.

“If the original record is inaccurate, incomplete or subject to dispute, the digital version will simply perpetuate the flaw,” the judgment said.

Court Suggests Blockchain-Based Land Titling

The Court pointed to blockchain technology as a transformative possibility for ensuring secure, transparent and tamper-proof land records.

“Blockchain technology can transform land registration into a more secure, transparent and tamper-proof system. Each entry, once validated into the Distributed Ledger, becomes part of a cryptographically linked chain that cannot be altered without detection,” the Court noted.

Such a system, the Court suggested, could integrate cadastral maps, survey data and revenue records into a single, verifiable and accessible digital framework, thereby reducing fraud, improving traceability and enhancing public trust in land ownership.

Blockchain technology has garnered particular attention for its potential to transform land registration into a more secure, transparent and tamper-proof system. It is suggested that adoption of Blockchain technology would ensure immutability, transparency and traceability, thereby minimizing fraud and unauthorized alterations. Blockchain technology is said to offer an alternative paradigm by encoding land titles, ownership histories, encumbrances, and by recording transfers on a Distributed Ledger in an immutable and time stamped form. Each entry, once validated into the Distributed Ledger, becomes part of a cryptographically linked chain of information that cannot be retroactively altered without detection. This property of immutability could enhance the integrity of title records and strengthen public trust in the ownership framework. This cryptographic immutability could perhaps address the structural fragility of Indian record keeping system. The Blockchain design could integrate cadastral maps, survey data, and revenue records into a single verifiable framework, which, while maintaining a transparent audit trail, is accessible to multiple departments and the public.

Call For Legislative And Institutional Reform

Recognising the magnitude of reform required, the Court urged the Government of India to lead an inter-governmental initiative with participation of States to restructure property laws in light of technological advances.

It proposed that the reform process should examine and possibly amend or align the following statutes: Transfer of Property Act, 1882;  Registration Act, 1908; Indian Stamp Act, 1899; Evidence Act, 1872; Information Technology Act, 2000; Data Protection Act, 2023

“The Government of India must take the lead in constituting a body with participation of the States to examine the integration of property registration with conclusive titling. This will require establishing a regulatory framework that institutionalizes integrity and efficiency,” the Court said.

Direction To Law Commission

Concluding its observations, the Supreme Court requested the Law Commission of India to undertake a detailed study of the issue, consult all relevant stakeholders and experts, and prepare a report recommending reforms for a conclusive and technologically robust property registration system.

“We must dare to think and look for alternatives,” the Court remarked, calling for India to move beyond its colonial presumptive title regime toward a conclusive, technology-enabled property ownership system.

The Court made these remarks while striking down Rule 19 of the Bihar Registration Rules, 2008, which empowered registering authorities to refuse registration of documents, if proof of mutation of the property under sale in favour of the vendor is not produced along with the registering document.

The Court held that these provisions were ultra vires the Registration Act.

Senior Advocate Manan Kumar Mishra and Adv Velan AoR appeared for the appellants.

Senior Advocate Ranjit Kumar assisted by Manish Kumar, AoR appeared for the State.

 Case Title: Samiullah Vs The State Of Bihar

Citation : 2025 LiveLaw (SC) 1071

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