SC For Nationwide Property Law Reforms, Use Of Blockchain
The directive came in a landmark judgment delivered by a bench of Justices Pamidighantam Sri Narasimha and Joymalya Bagchi, which struck down Bihar’s 2019 amendment empowering registration authorities to refuse registration of sale or gift deeds without proof of mutation or jamabandi allotment.
NEW DELHI: The Supreme Court on Friday called for a nationwide reform of colonial-era property laws, directing the Law Commission to prepare a comprehensive report and explore the use of Blockchain technology for modernising the property registration system.
The directive came in a landmark judgment delivered by a bench of Justices Pamidighantam Sri Narasimha and Joymalya Bagchi, which struck down Bihar’s 2019 amendment empowering registration authorities to refuse registration of sale or gift deeds without proof of mutation or jamabandi allotment.
Justice Narasimha, who authored the 32-page verdict, wrote, “The constitutionally protected right to own immovable property includes the freedom to acquire, pos7sess, and dispose of it at will. The efficiency and transparency of property transactions reflect a nation’s institutional maturity and the public’s trust in its legal system.”
The court highlighted the persistent “dichotomy between registration and ownership” in property laws, stressing the need to move toward a conclusive titling system guaranteed by the State, where registration serves as proof of ownership rather than mere evidence of transaction.
The bench noted that two-thirds of civil litigation in India arises from property disputes, citing the burden of verifying ownership due to the “presumptive titling” system under the Transfer of Property Act, Stamp Act, and Registration Act, all of which date back to the colonial era.
The verdict urged the Centre to explore Blockchain-based land records, describing the technology as tamper-proof, transparent, and capable of integrating cadastral maps, survey data, and revenue records into a unified system.
The court struck down Bihar’s rule as arbitrary and unworkable, noting that 80 per cent of jamabandis in the state remain in the names of deceased ancestors, making compliance impossible.
The ruling came in response to a plea filed by Samiullah, represented by advocate Athenam Velan, against a Patna High Court order upholding the 2019 amendment. The judgment reaffirmed that mutation does not confer ownership, serving only as a fiscal entry, and called for systemic modernisation to reduce property disputes and improve legal certainty.
