Gujarat does away with 30-day wait to certify undisputed property sales

Gandhinagar: An important amendment to the Land Revenue Act, 1879, related to undisputed land or property transactions has done away with the mandatory 30-day notice period that begins on the day of the signing of the sale document. This period was to allow objections, if any, to the property transaction. This amendment to Section 135D of the Act, announced by the Gujarat govt on Wednesday, will allow the sale entry to be certified immediately. However, there are conditions. In cases where changes have occurred in the property record within a year, sales are made through a power of attorney (PoA), not all individuals appearing in the 7/12 have signed the document, or there is a case pending, the notice period has been reduced to just seven days, the govt said.Speaking to reporters in Gandhinagar, state govt spokesperson Jitu Vaghani said people had to wait a long time due to the mandatory 30-day notice period in land or property sales, and some elements misused this period to raise false objections and extort money from sellers or buyers."Henceforth, in transactions where there has been no change in the land record for more than a year, no litigation or claims are pending on the land, peaceful possession exists, and all rights holders appearing in the 7/12 record have signed the sale document, the sale document will be recorded on the same day without the notice period under Section 135D," Vaghani said. He added that in such cases, the sale entry will be certified immediately.Vaghani said that amendment will prove to be a boon not just in case of agricultural land but also for those buying shops and houses. "Transactions among direct line heirs will also become easier. Cases pending in revenue courts, which were delayed only due to objections under Section 135D, will be resolved quickly. Most importantly, blackmailing by raising false objections based on old agreements and preliminary notes due to rising property prices will also stop," the minister added.Vaghani said the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947, or the ‘Tukda Act', too has been amended. "Considering the pace of urbanization, areas under municipal corporations, municipalities and urban development authorities have been completely exempted from provisions of this Act. This decision will make the process of non-agricultural (NA) approvals and land transactions in urban areas fast and transparent," he said.Credai-Gujarat welcomed the state govt's move. Its president, Tejas Joshi, said, "This reform will bring greater transparency, reduce procedural delays and enhance confidence among investors and homebuyers alike. Faster title clearance and ownership transfer will positively impact the real estate sector by improving liquidity and accelerating project execution." Joshi added that such "forward-looking measures will not only streamline land transactions but also support the state's vision of planned urban growth and sustainable development".