In its judgment, the Court questioned the complexity of property transactions in India, observing that the constitutionally protected right to own immovable property inherently includes the freedom to freely acquire, possess and dispose it at will. It noted,
“Rather curiously, our property laws have long sustained a dichotomy between registration and ownership. The Registration Act, 19081 mandates the registration of documents, not titles, and this distinction forms the cornerstone of our country’s presumptive titling system. Since this presumption is rebuttable in a court of law, a substantial burden rests on the prospective buyer, who must undertake a painstaking search of title. There is no doubt that this uncertainty has been distressing for those seeking to purchase property.”
It then asked whether the time has come to move towards a system in which the sale and purchase of immovable property becomes simpler, and registration serves as a conclusive proof of ownership guaranteed by the State. To this end, it said,
“Blockchain technology has garnered particular attention for its potential to transform land registration into a more secure, transparent and tamper-proof system. It is suggested that adoption of Blockchain technology would ensure immutability, transparency and traceability, thereby minimizing fraud and unauthorized alterations.”
