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Supreme Court of India 2025-11-07 allowed

SAMIULLAH vs THE STATE OF BIHAR & ORS

Bench: 2 — Pamidighantam Sri Narasimha, Joymalya Bagchi

In Brief

The Supreme Court struck down Bihar Registration Rules 2008 (sub-rules 19(xvii) & (xviii)) requiring Jamabandi or holding allotment proof before registering property sales. The Court held these rules ultra vires Section 69 of the Registration Act, 1908, and arbitrary. Registration creates a public record with presumptive (not conclusive) evidence of title; it cannot be conditional on proof of ownership. Since Bihar's survey and mutation processes remain incomplete, requiring such proof blocks property transfers without legal basis. The judgment reaffirms that registering officers conduct procedural checks only—not title verification—and protects the constitutional right to freely sell property. The Court recommended government explore modern technology like Blockchain for conclusive land titles.

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Property Law Registration Land Law Constitutional Law - Right to Property Administrative Law - Rule-making Power Statutory Interpretation Civil Procedure Land Records and Mutation

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