LAND TITLING ACT

SALIENT FEATURES OF LAND TITLEING BILL

New bill introduces definition, which states the defiant ion of

 Indefensible title: as per definition indefeasible title means a title to an immovable property or an interest therein entered in the Register of titles and Which cannot be altered or voided.

Act also provides definition of  'indicative map' means a map that shows the relative location of a property with its correct unique property identification number, but does not necessarily indicate the size and shape of the property exactly to scale.

Main authority under this act is 'LAND TITLING AUTHORITY' which functions according to provisions of this act land titling authority which provides detailed guidelines and instructions, maintain Registers of titles maintain map, provide valuation details upon request., provide stamp duty calcution of stamp duty.

In order to get exact title records of land provision of Land title Registry is established in act by section -12. The establishment of registry is made as a Central Land title Registry.

Unique identification number is provided by virtue of Section 31 under the act and as per provisions of section 32 The Director, survey settlement and Land information shall has power and Discharge all functions in Union territory or Stage.

Chapter VII of Act provides provisions of Establishment of the Tribun which shall exercise powers and functions as may be prescribed by or under the act details functions of the Tribunal is Explained under Section -42 and as per provisions of section tribunal has power to adjudicate on the claims preferred for payment of compensation out of the title guarantee fund of the authority and of the private parties authorized by the Authority to operate such a fund.

limitation of appeal time Is fixed at 3 months from the order of Land titling Authority.

BAR ON JURISDICTION OF CIVIL COURT

Most important section under this act is section 44 and as per section 44 of the act no civil court shall have jurisdiction to entertain any dispute relating to an immovable property in respect of which the Tribunal is empowered by or under this act, and no injunction shall be granted by and court in respect of such matter.

Provisions of section 51 makes compulsory intimation of any suit appeals or revisions to the land titling authority. Section 51(3) also provides intimation of  decree by Decree holder within 7 days from the time of receipt of decree.

Compulsary Intimation of Land Acquision Proceedings: what happens that- in present system Title Searcher has to obtain necessary information from collector for getting information about particular land is in acquisition proceedings or not and that procedure is very lengthy and not 100 percent effective. But Section 52 of the act the statute make compulsory provision and binds Collector to intimate Authority as per provision of section 52.

Power of attorney must be compulsorily notified.

This provision make compulsory provision to intimate authority regarding power of attorney which authorize agent to develop, sell, or construct in immovable property within notified area. it includes all agreements cum general powers of attorney to deal with any manner having an impact over its title.

HI FRIENDS PLEASE REFER NEW LAND TITLING BILL DRAFT IN FOLLOWING LINK OF OUR GROUP
http://groups.google.com/group/lawyersgroupofgujarat/web/Draft%20Final%20Model%20Land%20Titling%20Act-04.5.10.pdf