The Supreme Court has canceled changes to Bihar's property registration rules, which required proof of property record updates for property deals. This decision, made on November 7, 2025, by Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi, points out problems in the state's property laws.
The case began when Samiullah challenged the changes to the Bihar Registration Rules, 2008. These changes, made on October 10, 2019, required sellers to show proof of property record updates for property registration, which was argued to be beyond the legal authority.
Samiullah's View: Lawyers from Ram Sankar & Co argued that the changes were beyond what the law allowed under Section 69 of the Registration Act, 1908. They claimed that requiring proof of property record updates was unfair and made property deals difficult.
State's Defense: The State of Bihar, represented by Mr. Ranjit Kumar, argued that the rules aimed to ensure honest transactions and align with the Bihar Land Mutation Act, 2011.
Requirement for Property Record Updates: The court found the requirement for proof of property record updates to be unfair and not supported by Section 69 or any other legal rules. The property record update process in Bihar was found to be incomplete and unreliable.
Issues with Legal Structure: The court noted that India's property laws are outdated and separate registration from ownership. This causes confusion and legal fights, with property cases making up 66% of civil court cases.
The court suggested looking into technological solutions like Blockchain to update property registration and make transactions secure and clear. This could help fix issues with fake documents and make processes smoother.
The Supreme Court allowed the appeals, overturning the High Court's decision and canceling the changes. This decision highlights the need for reforms in property laws to make property deals easier and more reliable.
"A requirement of rules, regulations or even law that impedes or restrains easy and effective transfer of property will be illegal." - Justice Pamidighantam Sri Narasimha
The judgment encourages the Law Commission to look into using technology in property registration for clear ownership. This decision is a step towards more open and efficient property dealings in India.
