Delhi Property Law | PM-UDAY
National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019
Act No. 45 of 2019, enacted to recognise and confer property ownership, transfer or mortgage rights on eligible residents of specified unauthorised colonies in the National Capital Territory of Delhi.
Purpose and background of the 2019 Act
The Act was enacted as a special measure for Delhi to recognise property rights of residents of unauthorised colonies who possess property on the basis of documents such as a Power of Attorney, Agreement to Sale, Will, possession letter or other documents evidencing payment of consideration.
The legislation records that rapid population growth and migration led to the expansion of unauthorised colonies, while residents often lacked registrable title documents and consequently faced difficulty in obtaining formal credit against their properties.
It also takes account of the Supreme Court judgment in Suraj Lamp & Industries (P) Ltd. v. State of Haryana, dated 11 October 2011, concerning GPA/Agreement to Sell/Will transactions. The Act creates a specific statutory mechanism enabling the Central Government to recognise or confer ownership, transfer or mortgage rights for eligible properties in covered unauthorised colonies.
Section 1 - Short title and extent
(1) This Act may be called the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019.
(2) It extends to the National Capital Territory of Delhi.
Section 2 - Definitions
In this Act, unless the context otherwise requires:
(a) "resident" means a person having physical possession of property on the basis of a registered sale deed or latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration in respect of a property in unauthorised colonies and includes their legal heirs but does not include tenant, licensee or permissive user.
(b) "unauthorised colony" means a colony or development comprising a contiguous area where permission for approval of layout plan or building plans has not been obtained and which has been identified for regularisation pursuant to DDA notification S.O. 683(E), dated 24 March 2008.
Section 3 - Recognition of property rights
(1) Notwithstanding anything contained in the Indian Stamp Act, 1899 and the Registration Act, 1908 as applicable to the National Capital Territory of Delhi, or any rules, regulations or bye-laws made thereunder, and notwithstanding the Supreme Court judgment in Suraj Lamp & Industries (P) Ltd. v. State of Haryana & others dated 11 October 2011, the Central Government may, by notification in the Official Gazette, regularise transactions of immovable properties based on the latest Power of Attorney, Agreement to Sale, Will, possession letter and other documents including documents evidencing payment of consideration for conferring or recognising ownership, transfer or mortgage rights in favour of a resident of an unauthorised colony.
(2) The Central Government may, by notification in the Official Gazette, fix charges on payment of which such transactions may be recognised for ownership, transfer or mortgage through a conveyance deed or authorisation slip, as the case may be.
(3) Notwithstanding section 27 of the Indian Stamp Act, 1899, stamp duty and registration charges are payable on the amount mentioned in the conveyance deed or authorisation slip, as the case may be.
(4) A resident of an unauthorised colony having registered, unregistered or notarised Power of Attorney, Agreement to Sale, Will, possession letter or other documents including documents evidencing payment of consideration is eligible for ownership, transfer or mortgage rights through a conveyance deed or authorisation slip, subject to payment of the prescribed charges.
(5) No stamp duty and registration charges are payable on previous sale transactions made before the transaction referred to in sub-section (4).
(6) Tenants, licensees and permissive users are not eligible for conferment or recognition of property rights under this Act.
Practical PM-UDAY position
DDA states that PM-UDAY is intended to confer or recognise ownership, transfer and mortgage rights for eligible residents of 1,731 unauthorised colonies in Delhi. Applications are processed online through the PM-UDAY system, with designated processing centres and extended offices for facilitation.
Applicants should not treat the 2019 Act alone as a complete filing guide. Eligibility, required documentation, property boundaries, charges, treatment of vacant land, procedural requirements and scrutiny are governed by the Act together with the Regulations, amendments, notifications, orders and operating instructions issued under the PM-UDAY framework.
This page reproduces and explains the principal provisions of the 2019 Act for general legal information. For an application or property-specific issue, verify the latest notifications and regulations issued by the competent authority.