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Transfer of Registry Rules 1966
Transfer of Registry Rules 1966
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Transfer of Registry Rules 1966
Transfer of Registry Rules 1966
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“THE TRANSFER OF REGISTRY RULES, 1966 |n supersession of the rules laid down in the Travancore & Cochin Land Revenue Manu the Madras B. S. O. No. 31 and the unified rules issued by the Travancore-Cochin Governmen {heir Notification R. Dis. No. 7449/52/Rd. dt. 17/09/1953 relating to the transfer of revenue regis the Government of Kerala hereby issue the following unified rules for the Transfer of Registry. 1. (a) These rules may be called the Transfer of Registry Rules, 1966, (b) They shall come into force at once.** 'T1A. In these Rules, the term “Tahsildar’ shall include the Headquarters Deputy Tahsild the Taluk and the Deputy Tahsildar in charge of a sub-taluk.] 2. Transfer of Revenue Registry takes place either— (1) by voluntary action of the owners. (2) by virtue of decrees of Civil Courts or by Revenue sales, or (3) by succession. 3. For effecting the transfer of registry, the following procedure shall be followed: — (a) Voluntary transfer of title — (i) In all cases of absolute transfer of title over a lan by sale, partition, gift, agreement etc., the party or parties thereof shall record the application in Form | appended to these rules, their consent for the transfer registry of the survey numbers involved in the transfer. A true copy of the documer by which the transfer is proposed to be effected, shall be furnished on the reverse ¢ the form. In the case of lengthy documents additional sheets on plain paper may used in continuation of the form. This application shall be presented to the Reg tering Officer along with the document to be registered. (ii) The copy of the document furnished on the reverse of the application form shall b compared with the original document in the Registry Office and certified as true copy by the Registering Officer. (iii) After the admission of the document for registration, the Registering Officer shal obtain the signature of the transferor and the transferee, (or their agents or re sentatives) who agree to the transfer of registry on the application form enter ne Sary particulars in the space provided and attest them by affixing his signature Whenever any party does not appear for admission of execution, the fact shall b so recorded on this form. Note.— Form of application (Form I) can be had from the Registry Office at 15 ps. each. ()_A register in Form II shall be maintained in the Registry Office in which the deta Of applications received for transfer of registry shall be entered giving them secutive numbers for each calendar year. 4(v)_ The application for Transfer of Registry with copies of the connected documents 2. Substituted by Notification No. G. O. (P) 806/84/RD. dt. 10/08/1984. Prior to the substitution it read as: Published under Notification No. GO. (P) 490/66/Rev. dt. 14/09/1966 in K. G No. 40 dt. 11/10/1966 P. |. Date of commencement: 01/10/1967, published as per Notification GO. (P) No. 158/67/RD. dt. 20/04/1967 in K. G.No. 17 dt. 02/05/1967. Inserted by Notification No. G. O. Rt. 1244/68/Rev. dt. 04/10/1968, published in K. G. No. 43 dt. 24/12/1968 PJ “(v) The application for transfer of registry received in a month together with copies of the connected documents shall be forwarded by the Registering Officer to the Tahsildar concerned within seven da after the expiry of the month, with an intimation in Form No. Ill. The receipt of the application etc., shall acknowledged by the Tahsildar in the space provided therefor in Form Ill and the portion of the form containing the acknowledgement shall be returned within 7 days of its receipt to the issuing office where it shall be duly filed.”R4 TRANSFER OF REGISTRY RULES, 1966 513 shall be given to the applicant by the Registering Officer immediately after registra- tion of the document, so that the applicant may move the Village Officer to effect the transfer of registry. The receipt of the application on presentation by the party shall be acknowledged by the Village Officer indicating the serial number of the application year-wise. {A fee of Rs.10 shall be levied from the applicant in each case of transfer of registry on proper receipt].] “{(vi) The Registering Officer shall see that the application for transfer of registry are forwarded to the Tahsildar/Village Officer in a complete form. In the villages notified from time to time under the National Land Records Modernisation Programme, the application in Form 1B appended to this Rules should be forwarded online wherever possible for effecting transfer of registry.] (vi) When the property involved in a transaction is situated in more than one village, as many copies of documents as there are such villages shall be obtained from the parties along with the applications for transfer of registry 5x x x x]. ‘[(vii) The application for Transfer of Registry where lands are to be described by refer- ence to Government map or survey according to Rule 25 of the Registration Rules (Kerala) received together with copies of the connected documents shall be for- warded by the Registering Officer to the Village Officer concerned fortnightly with an intimation in Form No. IIIA. The receipt of the application shall be acknowledged by the Village Officer in Form No. IIIA within 7 days of the receipt ] Transfers by decrees of Civil Courts or Revenue sales.— (i) in respect of de- crees or orders of Civil Courts which create any proprietary right over immovable property to the decree holder or revenue sales, when registered under the Registra- tion Act, the Registering Officer shall follow the procedure laid down in Rule 3(a). (i) Certificates filed under Section 89 of the Indian Registration Act, 1908 relating to immovable property whereby the ownership of such property is conveyed or an absolute right over the property is created, shall be prepared in the Registry Office and forwarded to the Revenue authorities concerned for effecting transfer of registry with an explanatory note, after making necessary entries in the Register in Form No. Il. Transfers due to succession.— It shall be the duty of the Village Officer, whenever a pattadar dies, to report the fact to the Tahsildar with the names of the legal heirs so far as can be ascertained. A statement of cases of transfer in which neither party has applied to nor has any application, copy of document etc., been received by the Tahsildar shall also be submitted by the Village Officer to the Tahsildar. When these cases are reported to the Tahsildar, necessary entries shall be made in the register in Form VIA as stated in Rule 7(2) and on receipt back from the Tahsildar they shall be entered in Register No. VIB and the entry in Register VIA closed. Case Law National Land Records Modernisation Programme: Stipulation that assignor to obtain an axtract of Rev of Right il soncerned: fiance of: Parties cannot be compelled to Obtain Record of Right as a pre-condition for registration. For proper implementation of the Programme, Registration Rules have to be amended. Synudheen v. State of Kerala — 2013 (1) KHC 437 : 2013 (1) KLT 221 : 2013 (1) KLJ 453. 7[4. It is open to any party desiring transfer of registry in cases without sub-division or in (0 (¢) ‘Added by Notification No. G. O. (P) 610/91/RD. dt. 29/10/1991. ‘Substitution by Notification No, G O. (Ms)227/2011/RD. dt. 16/06/2011 published in K.G. Ext. No. 1227 dt 22/06/2011. Words “and shalll be forwarded to the concerned Tahsildars" Omitted by Notification No. G. O. (P) 806/84/RD. at. 10/08/1984. ‘Added by Notification No. G. O. (Ms.) 200/95/RD. dt. 30/03/1995. ‘Substituted by Notification No. GO. (Ms.) 19/92/RD. dt. 17/01/1992, Prior to the substitution it read as: “4. Itis open to any party desiring transfer of Registry under any of the categories mentioned in Rule 3 to. apply in writing in Form IA to the Tahsildar or the Revenue Inspector concerned with copies of the documents if any.” aee514 LAWS ON LAND IN KERALA any case arising out of succession, which is uncontested, to apply in writing in Form 1A to th Village Officer with attested copies of relevant documents. All other applications for transfer registry shall be submitted in writing in Form 1A to the Tahsildar with attested copies of rele documents.] *[5. The T.R. applications received from the Sub Registry office as per Rule 3(a)(viii) shall be registered in Form VI(C) and Transfer of Registry effected by the Village Officer within 4 days, complying with the rules existing from time to time. (b) The Village Officer shall communicate the party concemed within the one month, if th TR. cannot be effected] 6. The transfer of registry cases shall bear consecutive serial number for each calendar ye 7. °[(1) The Villager Officer shall prepare statement in Form ‘A’ and forward to the conce Tahsildar within 15 days of the receipt of application.) i (2) (i) Arecord of the reports sent to the Tahsildar under Rule 3(c) shall be maintained i the Village in Form VIA. The Transfer of registry cases received for report will be entered 3 register in Form VIB. The cases shall be registered in the order of their date of receipt and ‘A’ for statements prepared in the serial order by the Village Officer. The pending cases at the end of; financial year shall be carried over to the new register. The Revenue Inspector shall check th entries in the new registers and furnish the following certificate on the first page of the first Vol. ¢ the new Register:— “Certified that all cases in the registers for the previous years pending on 31st March have been brought over to his register’. Signature Revenue Inspector, (i) The Village Officer furnishing the required details shall also certify in the state Form ‘A’ whether the lands involved therein are owned by Scheduled Castes or Scheduled Trib and whether the transfer of registry is in favour of the same community. It shall also be ascertair and reported whether there is any prohibition in the original document against alienation o property by the transferor or his predecessor in interest. Village Officers should certify in Form! Statement to the effect that the property is not pledged as security for loans etc., and it has | been attached by Government. (ii) Ifthe transfer of registry in respect of the case cannot be effected owing to the restr on alienation laid down in any of the enactments, the fact should be reported and in that case ‘statement in Form ‘A need not be furnished. (iv) When the case regarding transfer of registry involves sub-division of the properly entry to that effect shall be made in the column provided for the purpose in Form ‘A’ and a plo sketch in triplicate showing the position and the area of sub-division together with sub-divisi ‘statements in triplicate shall be forwarded along with statement in Form ‘A. For this purpos Village Assistant shall measure the new sub-division boundary according to its alignment as on the ground, after issue of intimation to the parties. The signature of all the parties involved ‘sub-division case in token of their approval of the extent and boundaries of the new sub-divisi shall as far as possible, be obtained in the sketch and the sub-division statement. If itis not possible to prepare a plotted sketch on account of the non-availability of pro survey data relating to that field, a location sketch giving the length of the boundary lines of 8 Substituted by Notification No. G.O. (Ms.) 200/95/RD. dt. 30/03/1995. Prior to the substitution it read as: “5, On receipt of application under Rule 3(a)(v) the Village Officer shall enter them in the Register for of Registry cases maintained in Form V." 9. Substituted by Notification No. G. O. (P) 806/84/RD. dt. 10/08/1984, Prior to the substitution itread as: *(1) The Tahsildar shall forward the cases within 15 days to the concemed Villager Officer for prepa statementin Form ‘A.”R11 TRANSFER OF REGISTRY RULES, 1966 515 in question and complete description of the boundary including survey or sub-division numbers, of owners and occupants of the adjoining fields should be furnished. If there are porambokes ing the field this fact should be clearly mentioned in the sketch. In short sufficient data to plot independently the portion of the land transferred must be furnished in the sketch. The Village Assistant shall also furnish a certificate to the effect that there are well defined and clear hedges or boundaries for the plot proposed to be sub-divided. The Village Assistant shall forward his report through the Village Officer and under intimation to the Tahsildar, to the Taluk Surveyor or the Revenue Inspector as the case may be, who shall check measure the plot, scrutinise the sketch and submit the file to the Tahsildar with the least possible delay. *[Applications received by the Village Officer under Rule 4 shall be enquired into through the Village Assistant. The Village Assistant shall submit his report to the Village Officer with the required details as specified in sub-clause (ii) and (iii) under clause 2 of Rule 7. The Village Officer shall verify the report of the Village Assistant with Village records, the application for transfer of registry attested copy of document produced by the applicant and dispose of the application within 15 days of its receipt] 8."[The Village Officer shall prepare and submit the statement or report under Rule 7 to the Tahsildar within 15 days of the receipt of the application from the party.] 9. The cases received "x x x x] in the Taluk Officer with the report of the Village Officer shall be classified and dealt with according to the following instructions. (a) Uncontested cases. (b) Contested Cases. (c) Cases involving sub-divisions. 10. Uncontested cases may be of two kinds, — (1) those which can be disposed of without further enquiry. (2) those in which a decision cannot be taken without conducting a further enquiry by the Deputy Tahsildar or Tahsildar. Note.— Cases of sale and other absolute transfer of land mentioned under Rule 3(a) and (b) will fall under the 1st category. In such cases no enquiry is necessary and they shall be disposed of by the Deputy Tahsildar of the Taluk. Note.— (ii) The cases coming under the second category are transfers due to inheritance acquisition of title by adverse possession etc. for which the parties might have applied under Rule 4. Most of such cases are usually uncontested but in all such cases notices should be issued to the parties interested, if any, inviting objections, to the transfer of registry. The objection should be preferred within 15 days of the.service of the notice. Copies of the notice shall also be published on the Notice Board of the concerned Village, Panchayat and Taluk Offices. Such cases shall also be disposed of by the Deputy Tahsildar on merits, after giving the parties concerned an opportunity of being heard. A Revenue Inspector after making personal enquiry in the village where the land situated may dispose of such of the petitions, presented to him and also such of the cases of transfer ascertained by him as do not involve the formation of new sub-divisions and about which there is no dispute. 11. All contested cases shall be enquired into and disposed of by the Tahsildar, following the procedure laid down in Note:— (ii) to Rule 10. 10. Added by Notification No. G. O. (Ms.) 19/92/RD. dt. 17/01/1992. 11. Substituted by Notification No. G. O. (P) 806/84/RD. dt. 10/08/1984. Prior to the substitution it read as: “The Village Officer shall prepare and submit the statements or reports under Rule 7 within two weeks of the receipt of the Tahsildar's order.” 12. Word “back” omitted by Notification No. G. O. (P) 806/84/RD. dt. 10/08/1984.516 LAWS ON LAND IN KERALA R12 12. The cases which involve sub-division of the plots may be of the following types: (1) Those in which the documents of transfer specifically mention the area of the conveyed and give details of measurements of the land or details of the boundaries which facilitate the location of the land on the ground. (2) Those in which the documents mention only the area but do not give either the deta of the measurements of the land or boundaries. (3) Those in which the documents do not mention the area but give details of measurer or boundaries. location of the land on the ground. Transfer of registry in the above cases shall be ordered only if it has been possible to effe ‘sub-division on the ground. On receipt of the file from the Taluk Surveyor or the Revenue Inspector as the case may be and after making necessary enquiries the Tahsildar may either accept reject the proposals. In case of acceptance, the orders shall be provisional as the sub-divisi sketches and statements have yet to be scrutinised and area computed by the Superintende Survey and Land Records. Copies of the provisional order shall be communicated to the Village Officer to the p and the concerned clerk in the Taluk Office. Necessary entries may be made with reference to tht provisional order in the Village and Taluk accounts but the entries relating to the survey numbe ‘sub-division number and extent shall be made only in pencil. Acopy of the provisional order together with the sketch and sub-division statement in triplica shall be communicated to the Superintendent of Survey and Land Records for scrutiny computation of the area. On receiving it back from him after scrutiny, final orders shall be p by the Tahsildar. A copy of the sketch and sub-division statements shall then be communicat the Village Office for getting necessary entries being made in the Village Accounts by the Ta Surveyor or the Revenue Inspector during his next visit to the Village and for filing them village records of the concerned survey field. [Another copy of the sanctioned sketch and stal shall be filed with records of the concerned survey field in the Taluk office, if filed measure sketches are available, otherwise they will be filed with the relevant records in the office Superintendent of Survey and Land Records in the charge of maintenance work.] The cost of effecting sub-divisions at the rate fixed from the time, shall be met by the transf If it is not possible to effect sub-division on the ground, the name of the transferee shall be registered. Ordinarily, no transfer of registry case shall be kept pending for more than 4 13. As soon as the cases are finally disposed of, necessary entries shall be made in Taluk Register of transfer of ig applications. shall also be observed. (1) When the transfer of registry is sought for under the authority of a decree of aC Court or revenue sale, or registered document and if the transferor is not the registered patt the production of the document with the tax receipt or with a certificate from the Village O to the possession of the property and payment of land lax thereof will be sufficient evi regarding the bona fides of the application provided that, the series of transactions connecti transferor with the pattadar are ascertained and recorded. (2) When the transfer of registry is due to inheritance, a summary enquiry as to who nearest legal heir of the deceased pattadar according to the law of inheritance applicable parties concerned and a certificate from the Village Officer as to the possession and paymn tax or the production of the tax receipt will be sufficient. A notification inviting objections 13. Substituted by Notification G. O. (P) No. 146/70/Rev. dt. 25/09/1970, published in K. G. No. 40 dt. 06/10RAT TRANSFER OF REGISTRY RULES, 1966 517 > proposed transfer of registry in the name of the legal heirs shall be published in the Village, Panchayat and Taluk Offices inviting objections, if any, within a period of 15 days from the date of publication of the notice. (3) In cases in which one of the joint pattadars alienates a portion of a holding, without specifying the exact lie area and boundaries of the land so alienated in relation to the entire holdings sub-division and transfer of registry of the land in favour of such a transferee are not possible. In such cases, the name of the transferee shall be registered jointly with the other co- shares and the transferor’s name removed unless his interest has been transferred only in part. The consent of the other joint pattadars is not necessary in such cases but notice shall be given to all the persons interested and their objections if any duly considered. In those cases where the document specifies the extent and also the lie of the land and where it is certified that the land transferred is in the transferee's possession, sub-division and transfer of registry shall be’ effected after'giving notice to the other joint pattadars and hearing them. In such cases also the consent of the other joint holders is not necessary. (4) In respect of the Oodukkoor cases of the erstwhile Travancore area, transfer of registry shall be sanctioned only for the sub-division of the share hold and the assessment paid by the transferor and not for the area transferred. No sub-division sketch is then necessary. But in the cases in which the share-holders come to a settlement and divide the land by metes and bounds, sub-division shall also be effected and the transfer of registry duly sanctioned. The system of holding lands without specifying the area and the boundaries of each share shall not be recognised in new case. In such cases, the transfer of registry shall be ordered only in the names of all the joint share holders making them jointly and severally responsible for the payment of land tax etc. In case the share-holders divide the land by metes and bounds, sub- division and separate registry shall be effected. (6) No conditional or temporary transfer of registry in the names of mortgagees, lessees etc. shall be ordered. (6) When transfer of registry is refused in any case, the reasons for such refusal shall be briefly stated in the decision. Case Law Mutation: Description of property: Effect of: Description of property in the document will have to be accepted for the purpose of effecting mutation. Whether any paddy land has been converted or not is not a matter for the authorities under the Transfer of Registry Rules to be gone into for effecting mutation. Pareed Salim v. State of Kerala and Others — 2012 (4) KHC 79 : 2012 (4) KLT 211 : ILR 2012 (4) Ker. 340 : 2012 (4) KLJ 426. 15. With the help of the details furnished in the statement in Form ‘A’ prepared by the Village Officers and such further information as the Tahsildar may receive from parties and village officials at the time of enquiry regarding the fact of possession and enjoyment, payment of tax and other particulars, the Tahsildar shall determine the person in whose name the transfer of registry shall be made. No case shall be rejected solely for the default of appearance of the parties as it is the immediate concern of the Land Revenue Department to keep the thandaper accounts (Chitta) upto date and bring into it the names of the real land-holders who shall be held liable for the payment of Government revenue due on the land. 46. The summary enquiry and decision thereon is only an arrangement for fiscal purposes and does not affect the legal rights of any person in respect of the lands covered by the decisions in transfer of registry cases. The question of legal rights is always subject to adjudication by Civil Courts and pattas will be revised from time to time in accordance with judicial decisions. 17. Notwithstanding anything contained in these rules, it shall be competent for the Tahsildar to take up and dispose of any transfer of registry case which under these rules could be disposed of by a Deputy Tahsildar or by a Revenue Inspector. Orders in a transfer of registry case shall be Communicated promptly to the Village Officer and to the parties concerned and shall be given518 LAWS ON LAND IN KERALA R18 effect to in the Village Accounts. A patta in the prescribed form under the signature of the Tahsildar, in accordance with the decision, shall be issued to those who apply for it. 18, (i) An appeal against an order passed by “{the Village Officer or] the Revenue Inspector shall lie to the Tahsildar and an appeal against the order passed by the Tahsildar or the Deputy Tahsildar shall lie to the Revenue Divisional Officer. Appeals shall be presented within 30 days from the date of receipt of the order. In computing the period of 30 days, the time taken for obtaining a copy of the order shall be excluded. { (i) The appellate authority may admit an appeal after the expiry of the prescribed period of 30 days if he is satisfied that the appellant has good and sufficient cause of not preferring appeal within that period. In such cases, the authority who admits the appeal shall record the of having condoned the delay. (iii) No appeal shall be admitted unless accompanied by the original of a certified copy of the order appealed against. (The cerified copies shall be prepared on stamp paper and signed by competent authority). No officer shall decide a case in appeal without giving notice to the parti who are affected by the decision and without giving them an opportunity to be heard. (v) “x x x x] it shall be open to the District Collector if he is satisfied that sufficie ground exists to revise, cancel or alter on his own motion or otherwise any decision or orde passed by the Revenue Inspector, Deputy Tahsildar, Tahsildar or the Revenue Divisional O within a period of “[five years] from the date of such decision. (¥)_ No revision shall however be entertained by the District Collector unless the parti have exercised the right of appeal prescribed under these rules. No order in revision interfering the original order shall be passed without giving to the party or parties affected thereby a reasoi opportunity of being heard. The revision petition presented by the parties shall be accompanied. the original or a certified copy of the order sought to be revised. The certified copies shall be pre on stamp paper of sufficient value. The District Collector shall take up a revision case and deci it if it comes to his knowledge that there is a likelihood of Government being involved in a Civil Su concerning disputed questions of title. District Collector directed wa pass appropriate orders in matter in a time - bound manner. Hindustan Lever Ltd. and Others v. Tahsildar, Kanayannur Taluk ai Others — 2011 (1) KHC 466 : 2017 (1) KLT 671 : ILR 2011 (1) Ker. 905. 19. It shall be open to the District Collector if sufficient grounds exist to transfer a Transfer of Registry Appeal Case pending before a Tahsildar or Revenue Divisional Officer in his District the file of his Personal Assistant for disposal or take it on his own file and dispose it of hims 20. _(j)] It shall be open to the Board of Revenue, if sufficient grounds exist, to take its file and dispose of any transfer of registry case pending before a District Collector. "[(ii) The Board of Revenue may, if it is satisfied that sufficient grounds exist, either on own motion or otherwise revise, cancel or alter any decision or order passed by any autho subordinate to it within a period of ten years from the date of such decision. (iii) The Government may, if it is satisfied that sufficient grounds exist, either on its 0 motion or otherwise revise, cancel or alter any decision or order passed by any authority subording to it at any time] "for otherwise any decision or order passed by the District Collector, wit! period of three months from the date of such decision.] 14. Added by Notification No. G. O. (Ms.) 19/92/RD. dt. 17/01/1992 14A. Omitted by Notification No. GO. (Ms.) 389/2010/RD. dt. 13/09/2010 in K.G. Ext. No. 2299 dt.12/10/2t Prior to the omission it read as: ‘There shall be no second appeal. But.” 15, Substituted by Notification No. GO. (P) 806/84/RD. dt. 10/08/1984, for “one year". 16. Renumbered by Notification No. G. O. (P) 806/84/RD. ct. 10/08/1984. 17. Inserted by Notification No. G. O. (P) 806/84/RD. ct. 10/08/1984. 17A. Added by Notification No. G. O. (Ms.) 389/2010/RD. dt. 13/09/2010 in K.G.Ext. No. 2299 dt.12/10/201R.27 TRANSFER OF REGISTRY RULES, 1966 519 21. The appeal and revision petitions shall be duly stamped. 22. As soon as orders are passed on a transfer of registry case, the Tahsildar shall cause the necessary entries to be made in the Thandaper accounts (Chita) of the village. In the cases in which the decision is subsequently cancelled or altered in revision under Rule 19 or 20 the Tahsildar shall order the necessary corrections being made at once in the thandaper accounts (Chitta). A patta in the prescribed form under the signature of the Tahsildar, in accordance with the decision shall be issued to those who apply for it. 23. The number in the Thandaper account (Chitta) shall run consecutively except in the cases in which the transferee is already a Thandaper holder. 24. The Tahsildar shall during his inspection of the village office satisfy himself that the Thandaper accounts (Chitta) have been brought upto date according to the decisions in transfer of registry cases. 25. At the close of every year, the Tahsildar shall record a certificate in the last volume of the Thandaper account (Chitta) to the effect that it has been brought upto date according to the decisions in all transfer of registry cases. 26. Patta Nos. which have fallen blank in the Thandaper or chitta accounts as a result of giving effect to the changes on account of transfer of registry shall be retained as such, for a minimum period of one year from the year in which they fell blank and such members shall be filled in after that period. 27. Transfer of title by succession.— Under this class of transfers, all cases of change of registry necessitated by the death or prolonged absence for more than seven years of the registered holder will be disposed of. (i) Succession by heirship.— In dealing with claims to succession by heirship, if the succession is not disputed, the Tahsildar may direct the transfer of registry either at once or after due enquiry. If the succession is disputed, he should hold a sum- mary enquiry as to who has the right to succeed to the property of the deceased registered holder according to the principles of the law of succession which governs the case and give notice to all persons known or believed to be interested in the manner provided in Note (ii) to Rules 10 to the effect that the registry will be made in the name of the person found to be entitled, unless a declaration is filed, within three months from the date of the notice, by any person objecting to the registry, stating that he has instituted a suit in a Civil Court to establish his superior title and an authenticated copy of the plaint in the suit is produced. If no declaration is filed, the registry should be made as stated in the notice, at the expiration of three months. If a declaration is filed, the result of the suit should be awaited before tak- ing further action. With regard to the entry of the names of the heirs in the case of undivided families, the name of the managing member or members should be regis- tered. In other cases, the names of all the heirs entitled to shares in the property should be registered. (ii) Succession in case of disappearance of registered holder.— In case of disap- pearance for more than 7 years of the registered holder of a holding and in the absence of any evidence to show that he is still alive, he should be considered as dead and registry transferred in the name of his legal heirs accordingly. In all cases in which there are no legal heirs who claim the registry, it may be made in the name of the person is possession of the lands after giving notice in the District Gazette if published in the District or in the Government Gazette to the effect that the registry will be made in his name unless a declaration is filed within three months from the date of the notice by any person objecting to the registry stating that he has insti- tuted a suit in a Civil Court to establish his right and an authenticated copy of the520 LAWS ON LAND IN KERALA R2e plaint in the suit is produced. If no declaration is filed, the registry shall be made as stated in the notice at the expiration of three months. If a declaration is filed th result of the suit should be awaited before taking further action. i 28. Transfer in favour of person proving title by adverse possession for 12 years more.— Where parties who have no documents of title are shown in a summary enquiry to been in actual, continuous and uninterrupted possession as reputed owners for 12 years or mon transfer of registry may be made after notice, etc. as provided in Note (ii) to Rule 10. The action contemplated in this paragraph may be taken by the revenue officers either on their own motion o on the applications presented by the parties concerned. Payment of revenue as evidenced by the production of kist receipts or by the testi of the Village Officers may be taken as proof of possession, but the absence of such proof s not be considered entirely to invalidate the claim and oral evidence of possession may accepted. 29. The Tahsildar shall intimate all changes effected by them on account of sub-division to the Registering Officers who have jurisdiction over the properties once in 3 months (in prescrib form) so as to reach them on or before the 15th of the month succeeding the quarter to which th relate. i Form of application for transfer of revenue registry FORMI FORM TO BE USED WHEN THE APPLICATION IS PRESENTED TO A. REGISTRAR OR SUB-REGISTRAR OF ASSURANCE Ioseesee 80N Of residing at. . request that the revenue registry of the lands refe in the schedule attached hereto and registered in the name Of.......May be transferred to the residing at.. He (Signature of the |, the aforesaid . consent to have the revenue registry of the lands entered in th schedule transferred to my name. (Signature of the transf £ Hectare Extent Sq. metres 5 Ares 5 s = - zs 5 s a 5 3 5 5 § i € = zo 2 = 8 = 2 § z 2 = 3 Sy comune Gta Meno es Ee el Bae Cae & 5 a a 6 = 2 3 & 2 (1) (2) (3) 4) ©) bt Ds (8) Executed before Registering O N.B.— In the case of inam villages, etc., the land should be described by boundaries as in t documents registered, and the inability of the parties to furnish all the particulars referred to schedule should not stand in the way of the application being executed if they furnish sufficient info for the identification of the lands. If the transfer refers to taxed-trees, the word “trees” should be substituted for lands in the bod the application; the words “on which the trees stand” should be added to the headings of columns 3 8 4 in the schedule and the heading of column 7 altered into “number and description of trees”. Note.— It is not essential that the application should be signed by both the transferor a transferee when it is signed by only one of them, the Registering Officer shall strike out the b declaration and affix his initials across it.FORM IB TRANSFER OF REGISTRY RULES, 1966 521 FORMIA FORM TO BE USED WHEN THE APPLICATION IS PRESENTED TO REVENUE OFFICERS Me.. .» SOMMSONS ... . residing in the Village of. Taluk, do hereby request that the land specified in the schedule on the reverse and be transferred in the name of. son of. in registered in the name of residing in the village of. Dated (Signature of Transferor) \We named above do hereby consent to have the registry of the land specified in the schedule transferred in my/our name. Dated (Signature of Transferee) ‘SCHEDULE Y Village Taluk & Area . 5 £ Hectares Ares Sq. metres 8 gz 5 S Acre Cents Sq. links < 5 5 S es 5 § < o e ne 3 E 5 : g 3 52 5 § 3 g g 5 a8 = 8 8 3 5 3B 33 a o < Zz x M1) (2) (3) (4) nev(S)i0, _ (6) 7) (8) Rs. Ps. Verified (1) That the description of land, area, assessment and name of transferor have been checked with the land register. (2) That the name of the registered holder given in the application is correct and that the signature of the transferor and the transferee are genuine. Dated Karanam Signature of No. Headman DECISION The Village Officers have been ordered to have the transfer effected during fasli as requested by both parties. Date Tahsildar Note.— This form should be printed on a quarter sheet of paper with the application on one side and the schedule on the reverse. Copies of forms in the regional language only should be supplied to Collector and not copies in English or in diglott. The original applications shall be retained in the taluk office and the orders passed separately communicated to the Village Officers, the clerical work involved in making copies being reduced either by using the prescribed printed forms or by requiring the applicants for transfer to present their applications in duplicate. "(FORM 1B APPLICATION FOR EFFECTING ONLINE TRANSFER OF REGISTRY |. Details of land for Transfer/Sale 1. District 2. Taluk 3. Village 4. _Tandaper No. of land going to be transacted ‘17B. Inserted on Notification No. G. O. (Ms) 227/2011/RD. at. 16/06/2011 published in K.G.Ext. No. 4227 at. 22/06/2011522 LAWS ON LAND IN KERALA. Name of owner/owners of the above land Address Area 8. Block No. 9. Survey No. 10. Re-survey No. Il. Details of persons buying the land and the details of transfer Name of persons or organizations buying/selling the land: 1. Address Election ID No. Ration Card No. Pan Card No. Passport No. UID No. Driving Licence No. Land Phone No. Mobile No. 10. Area of land transferred 11. Nature of transfer: Sale deed/Conveyance Deed/Court Decree/Gift Deed/Partition Settlement Deed/Release to co-owner deed/Sale Certificate/Deed of Will 12. Block No. 13. Survey No. 14. Re-survey No. 15. Boundaries (Survey No.) (a) North (b) South (c) East (d) West 16. Price 17. Licence No. of Document Writer 18. Registration No. 19. Date of Registration sp PO PNMARYND (Sd.) Sub-Registrar.] FORMIL Register of Transfer of Registry Applications in the Office of the ‘egistering Officer for the Year-....... Details of document = § s 2 #5 z + = 2 = = & B a Ss : 3 = 8 2 Be 3 Sia Ewe a eee: mses cx 3 = 3s = o>. ee as, s 5 sé See gee ta as se 8 a 3 z z a ee: ve 283 8FORM IIIA TRANSFER OF REGISTRY RULES, 1966 523 *(FORMII-FORMIV xxxx] “IFORMIIA. [Under Rule 3(a)(vii)] No.. From The DistricSub Registrar, To The Village Officer 18, Omitted by Notification No. G. O. (P) 806/84/RD. dt. 10/08/1984. Prior to the omission it read as: “FORMIII RECEIPT OF TRANSFER OF REGISTRY APPLICATION NO.ne From The Registering Officer to The Tahsildar,.. Si, ‘The under noted applications for transfer of registry may be accepted and the acknowledgements returned within 7 days. Date: verb - Registrar (oiNo. _Description af Ale BeRinoco 1 aa ‘Acknowledged receipt of the above applications Tahsildar/Dy. Tahsildar No. From The Registering Officer to The Tahsildar. Sir, The under noted applications for transfer of registry may be accepted and acknowledgements returned within 7 days. Registry Office Registering Off Re ‘Acknowledged receipt of the above application Tahsildar/Dy. Tahsildar The Registering Officer. FORMIV Consolidated Statement of Applications for Transfer of Registry Remaining Details of cases in respect Office to which the of which acknowledgements applications for transfer remain to be received during Total No. Remarks Of registry were sent the preceeding month Registry Office, 19 Registering Officer b ‘The Revenue Divisional Officer.” 19. Added by Notification No. G. O. (Ms.) 200/95/RD. dt. 30/03/1995.524 LAWS ON LAND IN KERALA FORM Il Sir, | am forwarding herewith the under noted applications for Transfer of Registry for ne action. Kindly acknowledge the receipt of the same within seven days. Total No. Description Year Book No. Remarks Yours faithfully, Sub Registrar. No..... ‘Acknowledged the receipt of the applications for Transfer of Registry forwarded along dated. “To The District/Sub Registrar,FORM V Taluk for the Year ... TRANSFER OF REGISTRY RULES, 1966 sweway f Ja}sIGey ul pauBisse ‘on “|S eu, pue f Jeysi6ey Sulureyuew yJ9/9 0} J@A0 pepuey asem Yo}ays pue ps0 uy Jo Adoo yoiym uo ajep ‘uoIsIAIp-Gns BUIAJOAU! aSed e J] 'S1801YO e6eII!\ pue yueoijdde 0} Japso Jo UOWedIUNWWOD Jo a}eq uolsi9ap jo einen ysajo Aq discal Jo ajeq Ajdeu yo ayep pue “oN pue WoYyM Woy pantaoel Aj\day @yep pue WOYM o} ape! eoUaIEjoYy, ylajo Aq yoeg jdiaoa1 jo ajeq yejo Aq dn ynd yorum uo aed Aue 4! uauinoop jo ayep pue ‘oN eeJejsues) jo aweU pur “ON ened Jojejsued) Jo eweu pue ‘oN eYeg payaye yue}x3 48}}8| JO ‘ON UOIS!AID-qng Jequinn Aening: (woseq/woswy) aBejj!, Jo owen yep pue ‘on yueuing panisoas WoyM WOL4 ydiaoas jo aeq Register for Transfer of Registry Cases in ... & Jequinu jeues 20 41-12 13 ale 45) Safes ayes 10 525FORM Vi LAWS ON LAND IN KERALA 526 Bags gear eee > e§ 8 @ a e = a2 ¢ 2 fF fs : qe 23 ° 9 ag a By 5 838° g ao Bg 8 ga 8 & 30 o = ag Zz oa moe age so oo g € 2 gaz 3 3 8 2 é e538 pawaysuey o S g ° a anoAey esoyM ul eweU ~ ” ~ ~ pue Jaquiny s,zepeyeg sJepeyed Jo Jo sJepjoy sedepuey sJepjoy Jedepuey, Kening euey 106i seseg Aujs|Bay jo Jojsues) jo sa}s1Bay ebeyi, IA “ON WHOS D ao 20 @ = o see Zz D @ 0 =f c € © s c @ 3 ae Bo g 3 g 2 3 3. a $2 = s =, 2 g~ ga = g 3 ¢ 2 ° zz eo a € ge At s a 33 ee z go = 3 z= a 8 23 3 s 5 papuswwooas sAnsiba1 = BS 8 ANOARY BSOYM U! UOSJad 9} JO Sseuppe pue ewen Aaning = esey s,Jepjoy Jedepuey| S1991H0 ebellIA 24} Aq payiodey saseg Ajs|Hay Jo sajsuesl jo J0}sIBoy ebeyIA, VIA “ON NMOSFORM VIC 2°(FORM NO. VIC VILLAGE REGISTER OF TRANSFER OF REGISTRY CASES “yueoydde ay) 0} Juas ‘ajep pue sequinu au) Bulmoys UONeoIUNWWUOD Jo s}1e}@P eu} payaye jou si AjsiBas jo saJsue SU} JI aJajSUes} eu} 0} pauBbisse ‘oN Jedepuey! pue spiooei ayy ul seBueyo Bugoeye jo ayeq pa}deooe si AysiBay Jo Jaysues, 84} JeyjeyM, pajou eq Pinoys ‘sje JULILEAOS, 0} Juswyoeye BuiBpaid jo sjreyep LS/OS 8u} 0} BulBuojsq spue] ‘sjuawno0p Jeul6u0 ayy ul UOReUAlIe Jo} UONOLseL eu) sjuawinsop jeuiBu0 Jo see easajsued JO swWeN xey o1seg pur] jo uonduoseq eay JaJaJSUBL} BU} JO BWEN B ‘ON Jedepuey! “ON UOISIAIG GNS “on Aanng, “ON 40018 @0UaJ9JOl JO BJEP Y ‘ON’ ONS JO ewen & }dia091 jo ayeq “ON [eHES TRANSFER OF REGISTRY RULES, 1966 a9 0 7 St A Le 2 527 20. Added by Notification No. GO, (Ms.) 200/95/RD. dt. 30/03/1995.LAWS ON LAND IN KERALA. 528 OL at i onotare edie | fowwe | poole onetore | fuga cootrae coon edlep 0201 | euros |reto | (esumetre as | pron crammo woos |? 9G DoOMMOLD “eran otervo @cvamopetorwecs |.WLA LCs eo LwneDo ‘astro | otflopyoqnyo theocor serum. wiokoas@ | B8tookoawo hosen ‘raiseo) oeyawraun ose feFaw wmrvo cbeawwe |Fnwobeoooe softers | qwecs |ousoryo asboreo stor prow ewes toyaodcowes |erum ware cbovevs | gore | setarets obeowoo Foopan @Sr| eotreoo| wer geuscedcomsre zafSoyo getracm Oe cocge529 TRANSFER OF REGISTRY RULES, 1966 FORM A eawporen gafBoy0 “{OOLO B8owiwaw gsfoyo “oraaiQD 8% a 9% st ve £e te 1z Oe 6 al Feeoqn mocratow grass | ysaassas & antceusoe wmow | /pdyo | ore Bsye toeyaoroon Cee ‘ree | rto | to (ae | /ebye | wreee reto BUvEGD ctavOe | oreo fe Ban | cmosetaf pstarye cusooafonrmen swSore cmofpe yan oussre Bwe wan gepoo | gorPYOUTD fusaD cSoa@es wymefwan eoweyognes gOBSUET ocNoBdeaco (Festa) - seuscetoumsre gefSoyo gota We - cocoe
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