Land records with descriptions of boundaries, the extent of position, and ownership get considered public records that cannot be personal information.
Property Records Public Information: In India, the property is considered a possession to conceal its existence. The property owner does not like to reveal the numerous facts of their sales deed. With digitisation, however, many State Governments now give the public access to property data.
You may pay a modest fee to get the property details. However, when one approaches rural settlements, it becomes more challenging to determine who owns a particular piece of land.
In a recent case, the Central Information Commission (CIC) determined that property documents outlining boundaries and ownership cannot be deemed private information. The CIC has thus asked the government of Delhi to make these records available to the general public.
According to the Information Commissioner, the size of the piece of land owned and managed by the government entity does not qualify as third-party private information. Officials from the Delhi government have said that the RTI Act does not allow the specification of complete property data and land records, which would restrict the publication of private information.
What Does the Commissioner Claim About Ownership of Land and Public Information?
The Commissioner disagreed with the argument and maintained that access to the land’s information was not restricted. To provide the general public with access to accurate and up-to-date information on land ownership, every time there is a change in who owns a specific parcel of land, that information must be entered into the appropriate register.
Registering anything is similar to notifying society and serving as proof of the transaction. This is not a covert relationship at all. If the public information officer’s position prevails, the public would never have access to the records about the registration of sales transactions and mortgages. This will be counterproductive to the overall goal of registering the transaction.
The Information Commissioner stated that it was the case. The Commissioner instructed the government of Delhi to investigate the documents found on the villages’ walls as part of resolving the land issues.
In addition, the Commissioner noted that the revenue department must ensure that all records are kept up to date and available for public inspection. It is required that the openness of Section 4 (1) (B) of the RTI Act and the Public Records Act of 1993, be maintained. Agriculture is the focus, and the event is organised for a variety of reasons, including determining who owns what property.
Characteristics of Land Ownership in India
With this particular incidence fresh in our mind, we observe that Online Land Registration and ownership shows the following characteristics.
Indian Land Ownership is Presumed
A registered property record, a contract between the seller and buyer, establishes land ownership. Among the papers required to show land ownership are the rights record, survey records, and tax receipts.
However, the papers are not a government-guaranteed property title. It is only a record of the property transfer. During such transfers, the land purchaser is responsible for verifying previous ownership. Therefore, land ownership in India is presumed and susceptible to dispute.
No Central Record Maintenance System
It provides assured titles to resolve difficulties with land records and progress towards final titling. In a titling system, the government also provides guaranteed titles and compensation in the event of an ownership dispute. A system of recorded property titles will be required to prove ownership. Nonetheless, it must take several steps to establish a definitive titling system.
Land records-related information is scattered across many agencies and must be integrated. In addition, significant changes to the current legislation governing the land transfer and institutional adjustments will be required.
Poor Land Records don’t Represent the Ground Reality
Land records include various information, including sale documents and property maps, and are kept at the village or district level by many agencies. Unfortunately, the departments operate in silos, and data is not updated optimally between departments.
Consequently, you might anticipate inconsistencies in the land record. No prior surveys to update land records have been conducted or finished. It did not use maps to establish property lines on the ground.
Consequently, in several records, the property papers do not correspond to the site of the land. Additionally, land records influence future property transfers. Moreover, accessing land records becomes increasingly complicated and tedious.
The Registration Act of 1908 Does not Demand Registration
The Registration Act of 1908 does not require registration for all transactions. It involves the administration’s purchase of land, land orders, and heirship partitions. Since registration is not required, property divisions are not documented and do not accurately represent who owns the property.
It often results in disputes about the legitimate owner of the heirs. The FCRS notes that mandatory lease-keeping and title registration would safeguard the renter. It suggests that registration costs should be kept to a minimum. It does not discourage the registration of real estate transactions.
Multiple Organisations Are Responsible for Land Registration and Record keeping
Three kinds of data records comprise land records: I textual (RoR), (ii) spatial (maps), and (iii) transaction information (sale deeds). These land records data are the responsibility of three distinct governmental agencies.
Despite several organisations responsible for registration and record maintenance, it is challenging to guarantee that survey maps, textual data, and registration records are synchronised and current. In addition, people must contact many organisations to get comprehensive land records information. Most of these departments operate in isolation. So if you alter information in one department renders the records of the others obsolete.
Conclusion
In conclusion, the Delhi government claimed that the RTI act does not apply to the property details and land records Village because the rules allow for withholding personal information from reporting. In addition, he claimed that the revenue department would survey and map the possession.
Additionally, it will prepare and update the Land’s ownership. States in India perform studies about property borders, land usage, and ownership. The maps contain a description and id of a parcel of land and a record of the rights associated with it. Several survey methods exist, including vegetative cover, timeliness, urbanised areas, expense, etc. Reach out to Vakilsearch to know more about the entities considered private information.
FAQs
Are property records public information in India?
Yes, property records are typically public information in India, and individuals can access them through the respective land and revenue departments.
How can I get property details of someone in India?
Property details can be obtained through the local land registry offices, sub-registrar offices, or online property portals that provide information on properties for sale.
How can I get property details in Uttar Pradesh?
In Uttar Pradesh, you can obtain property details by visiting the state's Revenue Department website or the local land records office.
What is the best free website for public records?
While several websites offer free access to public records, one reputable option is 'PublicRecordsNow.com' which provides various public record search tools.
What is the best public records site?
The best public records site can vary by location and the type of records needed. Websites like 'Instant Checkmate' and 'Intelius' are popular options for comprehensive background checks.
Where is the best place to find public records?
To find public records, visit local government websites, county clerk's offices, or use online resources like public record databases, background check services, and official government websites.
What are public records in India?
Public records in India encompass a wide range of documents including birth and death certificates, property records, land deeds, and legal documents that are accessible to the public.
Is TruthFinder free?
TruthFinder is not a free service; it requires a subscription. It provides detailed background reports, including criminal records, contact information, and more.
Are marriage records public in TN (Tamil Nadu)?
In Tamil Nadu, marriage records are considered public information and can be obtained through the respective sub-registrar offices or the Tamil Nadu Government's e-District portal.
Can I ask for property details in RTI (Right to Information)?
Yes, you can request property details under the Right to Information (RTI) Act, but the availability and process may vary by state. RTI allows citizens to access government records, including property-related information, by filing an RTI application.
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