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Supreme Court Strikes Down Bihar Mutation Rule, Calls for Tech-Driven Overhaul of Property Registration

The bench said the colonial-era presumptive titling regime makes property deals traumatic, prompting a Law Commission study.

Overview

  • A bench of Justices P. S. Narasimha and Joymalya Bagchi quashed Bihar Rule 19 sub-rules (xvii) and (xviii) as ultra vires and an arbitrary curb on the freedom to sell property.
  • The court reaffirmed that the Registration Act records documents, not titles, so a registered deed has only rebuttable evidentiary value and is not conclusive proof of ownership.
  • It directed the Law Commission to consult the Union and state governments, experts and stakeholders to propose legislative, institutional and technological reforms across key statutes.
  • The Government of India was urged to lead inter-governmental work toward conclusive titling, with blockchain highlighted as a tool for secure, tamper-proof, integrated land records.
  • Cautioning that digitisation alone will replicate flawed records, the court noted property disputes make up about 66% of civil litigation and that incomplete mutation processes render such preconditions unworkable in Bihar.