Aadhaar-based verification to be optional for document registration under proposed bill

New Delhi | A new draft bill that seeks to enable online registration of land documents and other transactions will have provisions for Aadhaar-based authentication, but also provides for an alternate verification mechanism for those who do not have or do not wish to use the UIDAI card, according to its content.

The bill replaces the 117-year-old Registration Act, 1908.

The draft bill prepared by the Department of Land Resources, Ministry of Rural Development, which has been placed for public feedback, introduces provisions to support online registration, electronic presentation and admission of documents, issuance of electronic registration certificates, and digital maintenance of records.

It allows Aadhaar-based authentication with informed consent, alongwith alternative verification mechanisms for the people who do not possess Aadhaar or choose not to use it. The bill also enables electronic integration with other record-keeping systems.

Under the Registration Act, documents related to immovable property, like sale deeds, gift deeds, mortgage deeds, and leases, are required to be registered. Wills, powers of attorney, and other court decrees and orders related to property rights are also subject to registration.

The draft Bill expands the scope of compulsory registration to reflect contemporary property and transaction practices, and expands the list of documents required, according to the government officials.

It also modernises the organisational structure of the registration system with a more responsive hierarchy, including the introduction of additional and assistant inspectors general of registration.

The draft bill lays down the procedure for appointment of the inspectors general of registration, registrars, and sub-registrars, streamlines the appointment process for registrars in case of vacancies, and vests rule-making authority with the appropriate government to ensure alignment with the local governance.

It promotes plain language drafting, digital enablement, and transparent procedures to make the registration process more accessible, especially for individual citizens and small businesses, officials said.

While the present law requires that documents be presented at the registration office, the new draft bill says these documents can be presented "in person or through electronic means." The current law requires people registering documents to affix a passport-size photograph and fingerprints to the document.

Under the new draft bill, an individual will have to affix in the document their signature, passport-size colour photograph or get photographed by a digital camera and thumb impression, either manually or through a biometric device, submit the Permanent Account Number (PAN).

The bill provides that a person presenting any document for registration may affix physical signatures, electronic signatures under the Information Technology Act, 2000, or such other forms of signatures (whether physical or digital) as may be prescribed.

It also says that every person presenting any document may undergo consent-based Aadhaar authentication, or offline verification or consent-based verification through officially valid documents or equivalent e-documents under applicable law.

No person will be refused registration for not having an Aadhaar number, the draft bill says.

In public interest and to prevent fraud, the government may require persons executing such documents notified through electronic means to physically appear before the registering officer, before issuing the registration certificate, the draft bill said.

It also defines conditions in which the registration may be denied, and provides a mechanism for appealing against the denial of registration.

The draft bill has the provision that allows the registration offices to have "other infrastructure" necessary to facilitate registration such as computers, scanners, and cloud storage.