The Federation of Allied Bar Associations of Delhi has opposed the proposed legislation by the Delhi Government called the Delhi Survey, Registration and Recordal of Title of Immovable Properties in Urban Areas Bill, 2009, saying that it is neither in public interest nor in the interest of the legal community here.
In a letter to the Lieutenant-Governor, Federation president S. C. Dixit and secretary M. Dharam Singh opposed the creation of tribunals under the proposed legislation for consideration of disputes regarding titles of immovable properties in the Capital.
They have also opposed the proposed exclusion of the jurisdiction of civil courts and the Delhi High Court in matter of disputes about the ownership of these properties.
The decision of the tribunals could be challenged before an Appellate Tribunal and against the Appellate Authority the appeal would lie directly in the Supreme Court, the letter said.
Registration of documents relating to immovable properties would become much more difficult if the legislation comes into being because the State Government would arrogate to itself the power to certify the legal titles of the properties. The powers are so far enjoyed by the owners of properties, the Federation said.
The legislation also proposes to give away the power of recording of evidence and summoning of witnesses to ascertain the titles of properties to the Survey Officer. This unnecessary and arbitrary empowering of the Survey Officer would lead to a plethora of litigation and disputes, the Federation added.
Since the majority of properties in Delhi have been sold through general power of attorney or special power of attorney it would be very difficult to ascertain the ownership of the properties, the Federation said, adding that the registry procedure would become more cumbersome and cause harassment to the property owners.