Pokkuvaravu

The Government of Kerala issued the transfer of Registry Rules, 1966 in supersession of the rules laid down in the Travancore & Cochin Land Revenue Manuals, the Madras B.S.O No 31 and the unified rules issued by the Travancore Cochin Government in their notification R.Dis. No. 7449/52/RD dated  17.09.1953 relating to the transfer of revenue registry. 

Transfer of Revenue Registry takes place either-

 

a)  by voluntary transfer of title
b)  by virtue of decrees of Civil Courts or by revenue sales
c)  by succession
d)  by transfer infavour of a person  proving title by adverse possession for 12   years or more

(a)  Voluntary transfer of title

In all cases of absolute transfer of title over a land, by sale, partition, gift, agreement etc., the party or parties thereof shall record in the application in Form 1, their consent for the transfer of registry of the survey numbers involved in the transfer.  A true copy of the document by which the transfer is proposed to be effected, shall be furnished on the reverse of the form.  The Village Officer shall disperse the case of transfer or registry with in 15 days from the date of receipt of application for transfer of registry.

(b) Transfers by decrees of Civil Courts

Transfer of registry can be effected on the basis of decrees or orders of Civil Courts which create any proprietary right over immovable property to the decree holder or revenue sales, when registered under the Registration Act.  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, will be prepared in the Registry office and forwarded to the Revenue authorities concerned for effecting transfer of registry under rule 3(b) (ii) of the transfer of Registry Rules, 1966.

(c)  Transfers due to succession 

It is 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.  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

The Village Officer is empowered to sanction the transfer of registry by succession if the succession is not disputed.  If the succession is disputed, the matter will be taken up by the Tahsildar who shall hold a summary 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 with notice to all persons known or believed to be interested.  If no objection is filed, the registry should be made as stated in the notice at the expiration of the period.  If a declaration is filed, the result of the suit should be awaited before taking further action.

(ii)   Succession in case of disappearance of registered  holder

In case of disappearance 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.  In all cases in which there are no legal heirs who claim the registry, it may be made in the name of the person in 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 the period by any person objecting to the registry stating that he has instituted a suit in a Civil Court to establish his right and an authenticated copy of the 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 the time limit.  If a declaration is filed the result of the suit should be awaited before taking further action.

(d)  Transfer infavour of a person proving title by adverse possession for 12   years or more

Where parties who have no documents of title and who have been in actual, continuous and uninterrupted possession as reputed owners for 12 years or more are eligible to get transfer of registry of the property as per the provisions contemplated in rule 28 of the Transfer of Registry Rules, 1966.  This will be made after due notice.  The action contemplated in this paragraph will be taken by the revenue officers either on their own motion or on the applications presented by the parties concerned.

The transfer of registry cases are classified and dealt with as follows.

 

i)          Un contested cases
ii)         Contested cases
iii)        Cases involving sub-divisions


Un contested cases are of two kinds-
 

a) those which can be disposed of without further enquiry .
Cases of sale and other absolute transfer of land fall under this category.  In such cases no enquiry is necessary and they will be disposed of by the Village Officer of the Village Concerned. 

b) those in which a decision cannot be taken without conducting a further enquiry.

The cases coming under this category are transfers due to inheritance, acquisition of title by adverse possession etc for which the parties might have applied.  In all such cases notices will be issued to 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 will be published on the Notice Board of the concerned Village, Panchayat and Taluk Offices.  Such cases will be disposed of by the Deputy Tahsildar on merits, after giving the parties concerned an opportunity of being heard.

ii)Contested  Cases.

All contested cases will be enquired into and disported of by the Tahsildar.

iii)Cases involving sub-divisions

Transfer of registry involving subdivisions will be ordered only if it has been possible to effect sub-division on the ground.   On receipt of the file from the Taluk Surveyor or the Village Officer as the case may be and after making necessary enquiries the Tahsildar may either accept or reject the proposals.  In case of acceptance, the orders shall be provisional as the sub-division sketches and statements have yet to be scruitinised and area computed by the Superintendent of Survey and Land Records.  Copies of the provisional order shall be communicated to the Village Officer to the parties and the concerned clerk in the Taluk Office.  Necessary entries will be made with reference to the provisional order in the Village and Taluk accounts but the entries relating to the survey number or sub-division number and extent shall be made only in pencil.  On receipt of scrutinised and area computed sketch and sub-division statement from the superintendent of Survey and Land Records, the final orders shall be passed by the Tahsildar.

Fee for Transfer of Registry

 

1. An amount of Rs. 10/- will collect from the applicant as the fee for  Transfer of Registry .

2. The cost of effecting sub-divisions at the rate fixed from time to time will be collected from the transferee.

Appeal & Revision

The appeal against the transfer of registry sanctioned by the Village Officer shall lie to the Tahsildar and the transfer of registry sanctioned by the Tahsildar shall lie to the RDO under Rule 18 of the Transfer of Registry Rule 1966 under Rule 18 of the Transfer of Registry Rule 1966. Appeal shall be presented with in 30 days from the date of receipt of the order. No appeal shall be admitted unless accompanied by the original or a certified copy of the order appealed against and the appeal petition shall be duly stamped. A legal benefit fund stamp worth Rs.50/- should also be affixed in the appeal. The person aggrieved by the order of the Tahsildar can move with a revision petition before the District Collector. No revision shall however be entertained by the District Collector unless the parties have exercised the right of appeal prescribed under this rules.The District Collector shall take up the revision case and decide it if it comes to his knowledge that there is a likelihood of Government being involved in a civil suit.

Points to be remembered

 

1.   No conditional or temporary transfer of registry in the names of mortgages,   lessees etc will be ordered.

2.   The appeals shall be presented within 30 days from the date of order.

3.   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 the adjudication by civil courts and pattas will be revised from time to time in accordance with judicial decisions.

4.   Obtain receipt from the Village Officer, when submits the application.  An amount of Rs. 10/- also to be paid along with the application.  Obtain the receipt for the same also.

5.   When transfer of registry is refused in any case, the fact will be informed to the applicant and the reasons for such refusal shall be briefly stated in the decision. 

6.   There shall be no second appeal for the TR cases.

7.  The appeal and revision petition shall be duly stamped.