Preventing land-related fraud through digitalisation

In our country, land-related disputes and fraudulent practices have become very common. Such fraudulent practices not only deprive individuals of their legitimate ownership of property but also erode public confidence in the legal and administrative system. Safeguarding the people against such activities are therefore both a legal and ethical imperative.

False deeds refer to fake or forged legal documents that falsely assert land ownership. Scammers typically create fake deeds, forge signatures, or alter official records to sell or transfer the property unlawfully. In some cases, they sell the same property to multiple buyers by taking advantage of loopholes in record-keeping or the lack of electronic verification systems. Land fraud also includes cases of corruption by officials, changing land registry details, or issuing forged certificates of ownership.

The toll on the victims of such fraud is severe.Victims can lose their livelihood and even ancestral property because of these. Moreover, legal cases can take years to resolve in our already congested courts. But most importantly, such crimes undermine citizens' confidence in the State's effectiveness in protecting their rights relating to their properties.

The root cause of land fraud, in my view, is the outdated, paper-based registration system that can be easily exploited. Poor coordination between land, survey, and sub-registrar offices leads to the creation of fake records. Corruption helps unscrupulous individuals to bypass the verification process. Furthermore, public ignorance and lack of legal literacy prevent citizens from properly checking records before purchasing land.

Government intervention is important to protect citizens from land-based crimes. Many countries have already taken steps to update their land administration system. Bangladesh too started several digital programs to create transparency and accuracy in the land administration. The Digital Land Management System (DLMS) and e-Mutation are notable steps allowing citizens to check ownership information and even transfer land ownership online. The continuation of digitisation of the Land Record and Survey will ultimately eliminate discrepancies so that there is one true record of ownership.

Furthermore, the Registration Act, 1908 and the Penal Code, 1860 provide legal measures to punish those who create or use fake deeds. Convicted offenders can face imprisonment, fines, and cancellation of fraudulent transactions. Under section 466, forging a document of a public registrar entails imprisonment for up to 7 years and fine.  However, effective enforcement of these laws also requires technological efficiency, vigilance, and public cooperation.

Technology can protect citizens from land fraud through transparent 'digital land databases' that provide a tamper-proof chain of ownership. The use of blockchain, geo-tagging and satellite mapping can reduce risks associated with ownership disputes, data integrity and boundary verification. Biometric verification and digital signatures can further reduce land fraud.

Raising public awareness on fraud is important, especially to verify property information, to consult lawyers before signing the contract, and to report suspicious behavior. Government and civil society, especially in rural areas, can educate citizens on how to buy land and how they can verify land digitally.

Protecting citizens against land fraud involves strong law enforcement and transparency. This protection depends on the maintenance of strict legal requirements, and the adoption of innovative technologies. In addition, public awareness and participatory citizenship are mandatory for property rights.

The writer is student of law at the Bangladesh University of Professionals.