Supreme Court Raises Concern over India’s Land Registration System in Samiullah v. State of Bihar

Posted 08 Nov 2025

2 min read

Article Summary

The Supreme Court expressed concern over outdated land laws, lack of conclusive titles, and digitization issues, recommending blockchain integration and legal reforms for transparent, secure land registration.

Issues Highlighted by the SC

Outdated Laws: Land registration still governed by colonial era laws such as the Transfer of Property Act 1882, Stamp Act 1899, and Registration Act 1908.
No Conclusive Title: Registration of a deed (under the Registration Act) only provides presumptive evidence of ownership, not conclusive title.
- This means the state does not certify the authenticity of ownership, leaving buyers vulnerable to litigation.
Litigation Burden: Fraudulent deeds, encroachments, and weak verification leads to 66% of civil litigation.
Incomplete Digitisation: Programmes like DILRMP (Digital India Land Records Modernization) and NGDRS (National Generic Document Registration System) digitise records but do not correct faulty titles.

Key Suggestions by the SC

Blockchain Integration: could create an incorruptible, transparent, and easily verifiable registry of property transactions.
- Such systems could integrate survey data, cadastral maps, and registration details, preventing multiple sales of the same property.
Conclusive Title: Directed the Law Commission to study a shift from presumptive to conclusive titling.
Institutional Overhaul: Called for legal amendments or alignments in the Registration Act (1908), Evidence Act (1872), IT Act (2000), etc. and stronger Centre-State coordination.

About Blockchain Technology

Definition: It is a DLT (Distributed Ledger Technology) where encrypted records (blocks) are permanently linked across many computers.
Structure: Data blocks are chronologically linked and cryptographically secured, preventing tampering.
Key Features: Immutability, transparency, traceability, and decentralisation.
Benefit: Enhances trust, reduces fraud, and improves efficiency in public systems.
Global relevance: Countries like Sweden, Georgia, and Ghana have piloted blockchain-based land registries, showing improvements in efficiency and citizen trust.