Dev Singhraha
Relocation Expert
The use of black money is not something new in the real estate sector and to curb it the government of India is planning to make Adhaar card compulsory at the time of registration of documents such as sale agreement, power of attorney and transfer of will. The government is also gearing up for the electronic registrations of the property and Adhaar will be mandatory for the same.

The government is planning to amend Section 32 and 32A of the registration act, 1908 for the same. Every individual who will approach the property registration office will undergo Adhaar authentication. This will further decrease the involvement of black money and benami property and will have fair titles of the owners.

The ministry of land transaction, under Ministry of Rural development, has already written to state governments and Union Territories, advising them to notify rules mandating the ‘Adhaar based verification’ at the time of registration of documents.

The Centre is also planning to amend the registration act, 1908 as a backing for the Adhaar based registration. The draft of the amendment will be sent to the Union Cabinet for approval and then to the Parliament.

Section 8 of The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, states that, “The Authority shall perform authentication of the Aadhaar number of an Aadhaar number holder submitted by any requesting entity, in relation to his biometric information or demographic information, subject to such conditions and on payment of such fees and in such manner as may be specified by regulations.” The Adhaar law allows the Central Identities of the data repository, under UIDAI for offering the authentications services.

This recent move has come after the strict laws and regulations that the government has taken recently to curb black money and decline the benami properties in India. It has been explicitly stated that any person who is found guilty of owning benami property will be punished under the law.

On March 9, the centre government sent a letter to the chief secretaries of the states and UTs said, “To enable consent-based Aadhaar authentication services for registration of documents, the state government/UT Administration/Inspector General of Registration of the State/UT will need to exercise powers contained in Section 69 of the Registration Act, 1908.”

It also stated,  “the Inspector-General shall exercise a general superintendence over all the registration-offices in the territories under the state government, and shall have power from time to time to make rules consistent with this Act… generally, regulating the proceedings of the Registrars and Sub-Registrars.” 
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