Deterioration of farmers’ property in the shadow of the new parliamentary plan
According to Fars News Agency, the plan to require the official registration of real estate transactions, which was approved by the parliament in May 1399, was received in 2016 as a plan to promote official documents in the parliament. Of course, this plan was returned to the parliament by the Guardian Council with some objections, but it was approved by the parliament again in 1400 and was returned to the parliament by the Guardian Council with some objections. The bill is currently being considered by the Parliament’s Judiciary and Legal Commission.
The plan seeks to prevent the problems that have been occurring in the country in recent decades by discrediting ordinary documents that have provided the basis for fraud. For example, transactions made through ordinary documents have led to widespread social and economic corruption, including land grabbing, tax evasion, construction violations, and the sale of a property to several people.
Accordingly, the deletion of the validity of ordinary documents is of great importance to reduce the abuse of fraudsters. However, the current bill, which is being considered by the Judiciary and Legal Commission, contains serious problems that the parliament must address before approving the bill.
* The plan to require the official registration of immovable property requires serious changes
One of the serious problems in the current plan to require the official registration of real estate transactions is the lack of consideration for people who have no choice but to do the transaction through ordinary documents.
Property without an official title deed in the name of the current owner is one of the cases in which the owner of the property has no choice but to make a transaction through ordinary documents. Because some of these people are receiving official documents, who are either waiting for a court hearing or encountered problems in the registration process. Therefore, until a formal document is obtained in the name of the owner, which is usually time consuming, costly and in some cases even beyond the control of the owner and impossible, people are forced to make a normal transaction.
The solution to the problem of this group of people is a “formal peace of probable rights”, which in fact is neither in the laws nor in the current procedures of notaries, there is no such thing as a formal peace of probable rights; That is, it is not clear what the formal peace of possible rights means and what effects it has, and whether it can be implemented in practice or not!
Another point is that even the registrar is not obliged to make a formal peace of possible rights. Therefore, it seems that in the opinion of the drafters of this plan, this legal procedure is existing and ongoing in the country; Therefore, they thought that there would be no problem.
For example, people who will own apartments without finishing work after the passage of this law, as well as people who have been building their apartment for some time and have not yet received the finishing work, if even one of the units of this apartment for If the completion of the work is not accompanied, they will not be able to receive the official document of their property. As a result, if the possibility of a normal transaction is eliminated for these people, a significant number of these owners will face a stalemate in the transaction of their property, and this can lead to severe economic and social tensions. Or as another example, the owners of micro-agricultural lands, which constitute more than 80% of the owners of agricultural lands in the country, according to Article 2 of the Law on Prevention of Dividing Agricultural Lands approved in 2006, can not receive an official title deed.
* Obtaining a common public document for micro-agricultural lands is problematic
The only solution that seems to be in the plan of requiring the official registration of real estate transactions in relation to solving the problem of obtaining an official document for micro-agricultural lands is that these lands should receive the document collectively, and this means that several Smallholder owners get a deed for their land together. It is clear that in this case, many social problems are created due to the integration of lands between different people.
The plan to require the official registration of real estate transactions, in connection with solving the problem of obtaining an official document for micro-agricultural lands, acknowledges that these properties must receive a common document, which means that several micro-landowners get a document for their lands. It is clear that in this case, many social problems are created due to the integration of lands between different people.
In this regard, Mansour Ali Zarei Kiapi, a representative of the people of Sari and a member of the Parliamentary Agriculture Commission, told Fars News Agency: “This issue is also being investigated by the Agriculture Commission and it has been decided that even if a farmer in a village “Even if he has a thousand meters of agricultural land, he can get a title deed.”
“Such a thing is not possible,” he said of the plan’s proposal to make it official to receive official documents for micro-agricultural land. We are arguing in the Agriculture Commission that the farmer owns his own land. “Therefore, if the registration of documents for micro-lands takes place in a common way, many economic and social problems will be created for the country.”
All in all, as it was said, if this plan is approved without correcting the serious problems that were mentioned in some of them, there will be major problems in the transactions of the people, and it is inevitable to increase the number of cases before the judiciary. Therefore, it is necessary for this plan, which has fundamental problems, to be amended and carefully reviewed by the parliament.
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