[27
of 2023] [17th
October 2023] AN ACT TO PROVIDE FOR THE
ESTABLISHMENT, ADMINISTRATION AND MANAGEMENT OF A SYSTEM OF TITLE REGISTRATION
OF IMMOVABLE PROPERTIES AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL
THERETO. Be it enacted by the
Legislature of the State of Andhra Pradesh in the Seventy-fourth year of the
Republic of India as follows. CHAPTER 1 PRELIMINARY (1)
This Act may be called the Andhra Pradesh
Land Titling Act, 2022. (2)
It shall extend to the whole of the State of
Andhra Pradesh (3)
It shall come into force on such date as the
State Government may, by notification appoint: Provided that State
Government may notify different dates for different areas. (4)
Nothing in this Act shall apply to: (a)
Any contract for the sale, transfer or
conveyance of movable property or any interest on such property. (b)
Any class of documents or transactions as may
be notified by the State Government in the Official Gazette in this regard. (c)
Any land notified by the Central Government
as required for the purpose of use by the Army, Navy or the Air Force or
Cantonment Land or any other purposes. In this Act, unless the
context otherwise requires:- (1)
"Authority" means the Andhra
Pradesh Land Authority constituted under Section 3 of this Act and any Officer
of the Authority duly empowered; (2)
"Chapter" means a chapter of this
Act; (3)
"Charge" for the purposes of this
Act, includes encumbrance or mortgage, or charge or lien created in favour of a
person when, immovable property of another person is by act of the parties or
operation of law made security for the payment of money to him; (4)
"Commissioner" means the
Commissioner appointed under Chapter-V of the Act; (5)
"Dispute" includes all types of
objections or claims or litigations relating to title or right or interest in
respect of any immovable property, raised legally before any judicial or
administrative authority under any law; (6)
"Disputing Party" means any party
to the dispute relating to immovable properly; (7)
"Document" includes any matter
expressed or described upon any substance by means of letters, figures or marks
or by more than one of those means, intended to be used, or which may be used,
for the purpose of recording that matter, or electronic documents; (7a)
"Easement" shall have the meaning assigned to it in the Indian
Easements Act, 1882"; (7b)
"Alienation" means grant of immovable property of the Government for
bonafide public purposes to a person, institution, any Government Department or
local body either free of cost or on payment of full or concessional market
value. (7c)
"Appurtenant Rights" means all rights, privileges and easements
appurtenant to the Land that permissibly pass by operation of law. (7d)
"Terrace Rights" means rights of all the residents for the enjoyment
and benefit of all its members. (7e)
"Air rights" means the right to use and develop the empty space above
an immovable property. (7f)
"Covenant" means a formal agreement or promise usually included in a
contract or deed, to do or not to do a particular act; a compact or stipulation
made in writing or by parole. (8)
"Immovable property" means land,
buildings, fiats, any other premises, and things attached to the earth, or
permanently fastened to anything which is attached to the earth, but not
standing timber, growing crops nor grass, within the State of Andhra Pradesh; Explanation: Immovable
property shall not be construed to include plant and machinery. (8a)
"Instrument" shall have the meaning assigned to it in the Indian
Stamp Act, 1899" (9)
"Land Titling Appellate Officer"
means the Appellate Officer appointed under Chapter-VI of this Act; (10)
"Mortgage" means a mortgage as
defined under the Transfer of Property Act, 1882; (11)
"Notified Area" means the areas as
notified under section 4." (12)
"Prescribed" means prescribed by
Rules under this Act; (13)
"Public Authority" means all
offices of the State of Andhra Pradesh, all local authorities, all authorities
constituted by or under any Act of the State Legislature for the time being in
force, such as a company, corporation, trust, society, any statutory or other
authority, or any organization or body funded, owned and controlled by the
State Government; (14)
"Record" includes any document,
manuscript or file, electronic record, microfilm, microfiche and facsimile copy
of a document; any reproduction of image or images embodied in such microfilm
(whether enlarged or not); and any other material produced by a computer or by
any other device; (15)
"Record of Titles" means and
includes Register of Titles, Register of Disputes and Register of Charges and
Covenants as described under this Act; (16)
"Register of Charges and covenants"
is a register recorded and maintained in accordance with the provisions of
Chapter-VII of this Act; (17)
"Register of Disputes" is a
register recorded and maintained in accordance with the provisions of
Chapter-VII of this Act; (18)
"Register of Titles" means the
register recorded and maintained in accordance with the provisions of
Chapter-VII of this Act; (19)
"Registered Title means a record of
title entered in the Register of Titles; (20)
"Registers" means the Register of
Titles, Register of Disputes, and the Register of Charges and covenants as
defined under this Act; (21)
"Report on Transactions" means the
form to be submitted to the Authority for reporting any transactions as
prescribed in Chapter-VIII of this Act; (22)
"Rules" means the Rules issued
under this Act; (23)
"Schedule" means the Schedule
appended to this Act; (24)
"Section" means a section under
this Act, unless otherwise specified; (25)
"Signed" &
"Signature" shall have the meaning as the term "Executed and
Execution" mentioned at Section 2(12) of the Indian Stamp Act, 1899. (26)
"Survey" includes all operations
incidental to the determination, measurement and record of a boundary or
boundaries or any part of a boundary of an Immovable Property and includes a
resurvey; (27)
"Title Holder" means the person in
whom the title to an Immovable property vests; (28)
"Title Registration Office" shall
mean a person or persons notified for the purposes of this Act by the Andhra
Pradesh Land Authority; (29)
"Transfer" means any sale, gift,
exchange, mortgage with or without possession, lease or any other transaction
with assigned lands, not being a testamentary disposition and includes a charge
on such property or a contract relating to assigned lands in respect of such
sale, gift, exchange, mortgage, lease or other transaction; (30)
The expressions "Certifying
Authority", "electronic signature", "electronic signature
certificate", "electronic form", "electronic records",
"information", "secure electronic record", "secure
digital signature" and "subscriber" shall have the meanings
respectively assigned to them in the Information Technology Act,2000". (31)
"Transfer application" means the
form to be submitted to the Authority for effectuating the transfer of any
title or right or interest in Immovable property; CHAPTER 2 CREATION OF RECORDS (1)
As soon as may be after enactment of this Act
the State Government by notification shall constitute the Andhra Pradesh Land
Authority for the purposes of this Act in accordance with chapter-V of this
Act. (2)
The Andhra Pradesh Land Authority shall
exercise such powers as may be conferred on it and discharge such functions as
may be entrusted to it, by or under this Act, and under any other law that the
State Government may notify. The State Government may by
a notification, order establishment of a system of title registration of
immovable properties in such areas as may be specified in such notification. (1)
The Authority may by notification appoint any
person either by name or by virtue of his office to be a Title Registration
Officer for all or any of the purposes of this Act. (2)
The Title Registration Officer so appointed
shall exercise the powers and perform the duties of a Title Registration
Officer within such local limits and for such periods of time as the Authority
may direct. Upon notification issued
under section 4, the Authority shall proceed to prepare a record of all
immovable properties situated in notified area, which shall contain: (1)
(i) Survey: A record of boundary or
boundaries or any part of the boundary of every immovable property duly
identified with a distinct I.D. (ii) The Authority shall,
for the purposes of this section discharge all functions and exercise all the
powers of Commissioner and Director of Survey under various provisions of the
Andhra Pradesh Survey and Boundaries Act, 1923: Provided that any record
created by an officer of the State Government duly authorized in this regard
under Survey and Boundaries Act may be adopted by the Authority as its own
record. (2)
Titling: A Record of Title over each of
immovable properties in the notified area, a Record of Charges and Covenants
and a Record of Disputes over these properties, shall be prepared in the manner
further provided in this Act. (1)
When the preparation of Record of Titles is
taken up under section 6 (2), the Title Registration Officer shall prepare a
tentative record of title over each of immovable properties located in the
notified area, on the basis of existing information in various records as
prescribed and publish it along with a notification in the prescribed manner
inviting all persons having any interest in any immovable property to file
claim and to attend either in person or by an agent duly authorized in this
regard at a specified place and time and from time to time thereafter when
called upon, for the purpose of disposal of claims. (2)
Such notification to be valid notice to all
the persons interested: A notification published under sub-section (1) shall be
a valid notice to every person having any interest in the title of the
property. (3)
Upon issue of notification under sub-section
(1), all persons claiming any title or right or interest in, or any charge on
an immovable property shall furnish details of such claim in the prescribed
manner and within the prescribed time, for making an entry to that effect in
the Registers, which will include any leasehold title or right or interests of
persons in actual occupation, easements, customary rights, public rights, mines
and minerals, franchise, a non-statutory right in respect of an embankment of
sea or river wail, any subsisting power of attorney authorizing the Agent to
sell or develop or construct the property, any subsisting sale agreement with
or without possession of the property, any subsisting agreement cum GPA or any
pending suit or appeal under Specific Performance Act, any pending proceedings
regarding dissolution or winding up or bankruptcy before any authority, pending
proceedings for recovery of statutory duties, levies, taxes or any other claim,
charge or encumbrance on the property including pending actions relating to
insolvency petition appointing a receiver, or writ or an order affecting
immovable properties made by any court for the purposes of enforcing a Judgment
or recognizance of any deed of arrangement or arbitration or settlement if any. The Title Registration
Officer shall carry out the process of preparation of Record of Titles in the
prescribed manner. The Title Registration
Officer shall determine and record the entry of Titleholder of a land parcel or
property in the Register of Titles, for which no dispute is brought to his
notice in writing. Where title to a property or
a covenant in the nature of the easement right or a condition which will have a
bearing on the absoluteness of the title is disputed, the Title Registration
Officer shall order for an entry in the Register of Disputes and refer the case
to the Land Titling Appellate Officer constituted for this purpose, and make an
entry to that effect in Register of Titles also for any reference. While ordering an entry in
the Register of Titles or Register of Disputes, if the Title Registration
Officer comes across a charge and, or a covenant in the nature of the easement
right or a condition which will have a bearing on the absoluteness of the
title, he shall order recording of details of such covenant and, or a charge in
a separate register called Register of Charges and Covenants and make an entry
to that effect in the Register of Titles. CHAPTER 3 COMPLETION OF RECORDS - PUBLICATION
OF NOTIFICATION When the preparation of the
Record for whole or part of the notified area has been completed in accordance
with section 6 of this Act, the Authority shall notify the fact in the
prescribed manner. The entries in Record of
Titles so notified under Section 12 shall be conclusive after expiry of two (2)
years from the date of such notification as and if modified by an order of the
Land Titling Appellate Officer or any other competent authority. Such entries
shall be conclusive evidence of such titles in respect of such properties: Provided that the entries in
the Register of Titles, in respect of which any dispute is pending, before Land
Titling Appellate Officer, or any other Court of law or any other competent
Authority on the date of expiry of the two (2) years from the date of such
notification shall be conclusive only after and in accordance with final
resolution of such dispute. (1)
Any person aggrieved by the notified entry in
the Register of Titles may file an objection or claim before the Land Titling
Appellate Officer within two (2) years from the date of such notification. The
aggrieved person shall also file an application before the Title Registration
Officer to make an entry in the Register of Disputes. (2)
Upon the receipt of such application the
Title Registration Officer shall make an entry in the Register of Disputes and
make a mention of it in the Register of Titles also for reference. (1)
Upon a reference made under section 10 by the
Title Registration Officer or on an objection or claim filed in accordance with
section 14, or suomotu, the Land Titling Appellate Officer constituted for the purpose
and in accordance with the provisions of this Act shall proceed to hear the
parties concerned, conduct an enquiry and pass an order to make an entry in the
Register of Titles in respect of the property about which the reference or
objection was filed: Provided that when the Land
Titling Appellate Officer takes up the case suomotu he shall record the reasons
and grounds thereof, and issue a notice to all the parties concerned before
taking up the hearing. (2)
The Title Registration Officer upon receipt of
the order of the Land Titling Appellate Officer passed under sub-section (1)
and after the expiry of the period of appeal shall record or modify an entry of
Title holder in the Register of Titles in accordance with such order and make
an entry to that effect in Register of Disputes also where no appeal is filed. (1)
Notwithstanding anything contained in this
Act or any other law for the time being in force, an application for revision
shall lie to the High Court from any order passed under the provisions of this
Act by the Authority or the Land Titling Appellate Officer. (2)
The Title Registration officer, upon receipt
of the order of the High Court shall record or modify an entry of Title holder
in the Register of Titles in accordance with such order and delete the entry to
that effect in Register of Disputes. CHAPTER 4 CONSEQUENCES OF NOTIFICATION Upon notification issued
under section 12, no transfer of any immovable property situated in the
notified area shall take place except in accordance with the provisions
contained in chapter - VIII of this Act. (1)
Notwithstanding anything contained in any
other law for the time being in force, upon issue of Notification under section
12 it will be incumbent upon the disputing party relating to any suit or appeal
or revision in relation to any rights or interest in an immovable property
recorded in the Record of Titles, pending on the date of such notification in
any Civil Court, High Court, in the Supreme Court of India or in any
quasi-judicial authority under any law to intimate in the prescribed manner
about such pendency to the Title Registration Officer concerned, get it
recorded and obtain a certificate of recording and file such certificate before
the Court or Tribunal within six (6) months from the date of such notification: Provided that the Title
Registration Officer on satisfying himself that there are sufficient and valid
grounds for the delay, may condone the delay upto three (3) months period for
filing the above intimations, on levy of fine of an amount as prescribed. (2)
After the date of issue of notification under
section 12, if any suit or appeal or revision is filed in any Civil Court, High
Court and in the Supreme Court of India or any quasi-judicial authority under
any law in respect of an immovable property recorded in the Record of Titles,
it shall be incumbent upon the disputing party to intimate in the prescribed
manner about filing of such suit or appeal or revision to the Title
Registration Officer concerned, get it recorded, and obtain a certificate of
recording and file such certificate before the Court or Tribunal within seven
(7) days of such filing of suit or appeal: Provided that, all such
suits and appeals or revisions shall commence only on or after the date of such
certificate; Provided further that, the
Title Registration Officer on satisfying himself that there are sufficient and
valid grounds for the delay, may condone the delay upto seven (7) days for
filing the above intimations, on levy of fine of an amount as prescribed. (3)
Upon receipt of intimation of suit or appeal
in accordance with sub-section (1) or (2), the Title Registration Officer
concerned shall enter it in the Register of Disputes, make an entry to that
effect in Register of Titles and issue a certificate of recording to the
concerned. (4)
In case of failure to file certificate of
recording of dispute within the time prescribed in sub-sections (1) and (2) as
the case may be, the suit or appeal pending or filed before a Court or Tribunal
shall lapse. (5)
It shall be incumbent upon the decree holder
or Plaintiff or appellant or any other interested person to intimate, get
recorded and obtain a "certificate of recording of resolution of
dispute" in respect of a dispute recorded in Register of Disputes within
fifteen (15) days from the date of issue of decree or judgment or order
resolving such dispute failing which the decree or judgment or order will not
be enforceable: Provided that the Title
Registration Officer on satisfying himself that there are sufficient and valid
grounds for the delay may condone the delay upto seven (7) days for filing all
the above intimations, on levy of fine of an amount as prescribed. (1)
After the issue of notification under section
12, all the transactions by the Government in respect of immovable properties
owned by it e.g., alienations, assignment, regularizations of occupation, sale,
grant, lease and all transactions made by the Government in respect of any
other property shall be intimated to the Title Registration Officer concerned
by the Collector of the District concerned or by any other officer of the
Government competent to make such a transaction and a certificate of recording
obtained. (2)
Notwithstanding anything contained in any
other law for the time being in force, all such transactions shall be effective
only from the date of issue of the certificate of recording by the Title
Registration Officer concerned. (1)
Upon issue of notification under section 12,
all the financial institutions or other bodies or individuals holding equitable
mortgage in respect of any property shall intimate the fact to the Title
Registration Officer concerned and obtain a certificate of recording within
three months of such notification failing which the equitable mortgage will be
rendered unenforceable. (2)
After the date of issue of notification under
section 12, if any equitable mortgage is created in favour of a financial
institution or any other body or individual, in respect of a property located
in the notified area, it shall be incumbent upon such financial institution,
body or individual to intimate the fact of creation of such equitable mortgage
to the Title Registration Officer concerned and to obtain a certificate of its
recording: Provided that,
notwithstanding anything contained in any other law for the time being in
force, such equitable mortgage shall be effective only from the date of issue
of the certificate of recording. (1)
Upon issue of notification under section 12,
it will be incumbent upon the parties in whose favour such charge or lien is
created, to intimate in the prescribed manner to the Title Registration Officer
concerned, all the statutory charges and liens including charges registered
xxader the Companies Act, pending as on the date of notification, get them
recorded and obtain a certificate of recording within three (3) months of
notification, failing which the charge or lien will become unenforceable. (2)
After the date of issue of notification under
section 12, if any statutory charge or lien including charge under Companies
Act is created, it shall be incumbent upon the party in whose favour such
charge or lien is created to intimate the fact in the prescribed manner to the
Title Registration Officer concerned, get it recorded and obtain a certificate
of its recording within seven (7) days of such creation of charge or lien. (3)
Notwithstanding anything contained in any
other law, for the time being in force, the said charge, statutory charge or
lien will be effective only from the date of issue of certificate of recording. (1)
Upon issue of Notification under section 12,
it will be incumbent upon the parties concerned to intimate in the prescribed
manner to the Title Registration Officer concerned , all the pending actions as
on the date of notification, like appointment of receiver in any insolvency
petition, or writ or an order affecting an immovable property made by any court
or competent Legal Authority for the purpose of enforcing a judgment or
recognizance of any deed of arrangement or arbitration or settlement, get it recorded
and obtain a certificate of its recording within three(3) months of
notification, failing which such pending actions will be rendered
unenforceable. (2)
After the date of issue of notification under
section 12, all actions relating to appointment of receiver in any insolvency
petition, or writ or an order affecting immovable properties made by any court
or competent legal authority for the purposes of enforcing a Judgment or
recognizance of any deed of arrangement or arbitration or settlement shall be intimated
in the manner prescribed to the Title Registration Officer concerned, by the
parties concerned, get it recorded and obtain a certificate of recording,
within seven (7) days of such action, failing which it will be rendered
unenforceable. (3)
Notwithstanding anything contained in any
other law for the time being in force, such pending actions in sub-sections (1)
and (2) shall be enforceable only from the date of issue of certificate of
recording. Upon receipt of information
under sub-section (1) or (2) of section 19 or 20 or 21 or 22, the Title
Registration Officer concerned shall enter the details in prescribed manner in
the Register of Charges and Covenants, make a mention in the Register of Titles
also about it and issue a certificate of its recording. (1)
Upon the issue of notification under section
12, it will be incumbent upon the parties concerned, to intimate in the
prescribed manner to the Title Registration Officer concerned all the
subsisting powers of attorney authorizing the agents to sell or develop or
construct the immovable property and all the subsisting agreements cum General
powers of attorney, get them recorded and obtain a certificate of its
recording, within three (3) months of the notification. (2)
After issue of notification under section 12,
it will be incumbent upon the person executing any power of attorney including
an Agreement cum GPA authorizing an agent to sell or develop or construct upon
an immovable property located in a notified area, to intimate in the prescribed
manner to the Title Registration Officer concerned, the fact of execution of
such power of Attorney or Agreement cum GPA, get it recorded and obtain a certificate
of its recording within seven (7) days of such execution. (3)
Notwithstanding anything contained in any
other law for the time being in force, such powers of attorney or Agreements
cum General power of attorney shall be effective only from the date of issue of
the certificate of recording by the Title Registration Officer concerned under
sub-section (2). (1)
In case of death of an individual whose name
is entered as Title holder in the Register of Titles, Charge holder in the
Register of Grant of Succession. Charges and Covenants and / or disputing party
in Register of Disputes, the legal heirs of such deceased shall file an
application in the prescribed manner to the Title Registration Officer
concerned for grant of succession and for replacing the name of the deceased
with their names in the aforesaid Registers. (2)
The Title Registration Officer concerned upon
receipt of an application under sub-section (1) shall issue a public notice in
the prescribed manner calling for claims and objections and after conducting
such enquiry as may be prescribed, pass an order granting or refusing to grant
succession in favour of any individual or individuals. (3)
Appeal against an order of the Title
Registration Officer concerned under sub-section (2) shall lie to the Land
Titling Appellate Officer concerned within thirty (30) days of passing of the
order: Provided that if the Title
Registration Officer concerned is of the opinion that a substantive dispute
exists in respect of succession to the deceaseds title, the Title Registration
Officer shall not grant the succession but refer the matter to the relevant
Civil Court in the prescribed manner for adjudication along with the record of
enquiry, claims and objection petitions. Provided further that, where
a reference is made by the Title Registration Officer concerned under this
sub-section, entry will be made in Register of Disputes and certificate of
recording be issued in accordance with section 19(2) to the Applicant. (4)
Upon granting of succession under sub-section
(2), the Title Registration Officer concerned shall proceed to replace the
entries in the relevant registers after the expiry of the appeal period where
no appeal is filed. CHAPTER 5 LAND AUTHORITY The Andhra Pradesh Land
Authority shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with powers, subject to the provisions of this
Act, to acquire, hold and dispose of property, both movable and immovable, and
to contract, and by the said name, sue or be sued. (1)
The head office of the Authority shall be at
such place as the State Government may notify. (2)
The Authority may establish offices at such
other places as may be necessary within or outside the State of Andhra Pradesh. The Authority shall consist
of a Chairperson, the Commissioner, and three other Members, to be appointed by
the State Government. (A)
The Chairperson shall be appointed by the
Government from amongst the serving officers of the Indian Administrative
Service not below the rank of a Chief Secretary or Special Chief Secretary or
Principal Secretary to Government of Andhra Pradesh. (B)
The Chairperson shall hold office for such
term as the State Government may provide, but not exceeding three years and shall
be eligible for reappointment not more than once: (C)
The State Government may, by order, remove
the chairperson from his office, (i)
if such Chairperson is, or at any time has
been, adjudged as an insolvent; or (ii)
if such Chairperson has been convicted of an
offence which, in the opinion of the State Government, involves moral
turpitude; or has so abused his position as to render his continuance in office
prejudicial to the public interest; or (iii)
in public interest. (D)
The remuneration, other terms and conditions
of service of the Chairperson shall be such as may be laid down by the State
Government prescribed. (i)
Members of the Authority will be appointed
from among the serving officers in the Government dealing the subject such as
law, land administration, Registration, Survey and Settlement and management of
land records, provided that the member shall not be below the rank of Joint
Secretary to Government of Andhra Pradesh. (ii)
The Commissioner will be a full time
functionary appointed by the Government from amongst the serving officers of
IAS, not below the rank of Joint Secretary to Government of Andhra Pradesh. (iii)
The Commissioner will be the Chief Executive
of the Authority. (iv)
Powers and responsibilities of the
Chairperson, Commissioner and members shall be as prescribed. The Authority may appoint
such officers and other employees as may be necessary and stipulated terms and
conditions of their service and entrust them with such powers and responsibilities
as deemed necessary. (1)
The Authority may prescribe, levy and collect
a fee for any of the services rendered, documents issued, licenses granted or
information provided by it or by any of its officers. A Table of such fees
prescribed from time to time will be published in all the concerned offices of
the Authority. (2)
The Authority may receive aid or grants,
donations, contributions, gifts and endowments from any Government or body. (3)
The Authority may receive an interest on its
deposits and returns from its investments. All these receipts shall be applied
towards the expenditure of the Authority. The Authority may collect
any duty, tax, fee or levy for or on behalf of any Government or local body and
remit it to such Government, local body after deducting, a fee or collection
charge as Collection of Duties, Taxes and Fees ordered by the State Government
for services rendered in such collection. (1)
A budget shall be prepared in such form and
at such time in a financial year as stipulated for the next financial year
showing the estimated receipts including grants and expenditure which shall be
approved by the Authority. All the expenditure will be in accordance with this
budget. (2)
Accounts: All incomes and expenditure of the
Authority shall be accounted for on a continuous basis in the double entry
bookkeeping system. The books shall be closed at the end of the financial year
and will be audited by an Auditor appointed by the Authority, provided that
Auditors for the financial year will be appointed by the Authority before the
close of such financial year: Provided that accounts and
funds of the Authority will be subject to audit by the Comptroller &
Auditor General of India. (3)
The Authority shall prepare, approve and put
in place a suitable system of internal auditing. (1)
The Authority shall prepare once in every
year, in such form and at such time as may be stipulated, an annual report
giving a true and full account of its activities during the previous year and
copies of the report shall be forwarded to the State Government (2)
A copy of the report received under
sub-section (1) shall be laid, as soon as may be after it is received, before
the State Legislature. No act done by the Andhra
Pradesh Land Authority shall be called into question on the ground only of any
defect in the constitution of, or the existence of any vacancy in the Andhra
Pradesh Land Authority. CHAPTER 6 TITLE REGISTRATION OFFICER, LAND
TITLING APPELLATE OFFICER. (1)
The Title Registration Officer, Land Titling
Appellate Officer appointed under this Act for the purpose of holding an
enquiry in the process of preparation and updation of Registers under this Act,
will have the same powers as are vested in a Civil Court under the Code of
Civil Procedure, 1908, when hearing an objection or dispute in respect of the
following matters namely: - (a)
Summoning and enforcing the attendance of any
person and examining him on oath; (b)
Requiring the discovery and production of
documents; (c)
Receiving evidence on affidavits; (d)
Issuing commissions for the examination of
witnesses of documents; (e)
Subject to the provisions of sections 123 and
124 of the Indian Evidence Act, 1872 requisitioning any public record or
document or a copy of such record or document from any office; and (f)
Any other matter, which may be prescribed. (2)
The Title Registration Officer may inspect or
summon the production of any of the following documents or records or registers
in respect of Immovable property within the notified area, during the process
of holding an enquiry before ordering an entry in the Registers viz: (a)
Revenue records including Survey Records; (b)
Registration documents; (c)
Records maintained under the Andhra Pradesh
Rights in Land and Pattadar Passbook Act, 1971; (d)
Records of Government grants; (e)
Records of Grampanchayat (Revision register,
assessment or demand register); (f)
Records of Municipality or Corporation
(Assessment or construction - permission registers); (g)
Records of Sub-Registrars or District
Registrars of Registration and Stamps department; (h)
Registers and Records of other Government
departments or local bodies or corporations or Courts and other quasi
government organizations; (i)
Such other documents or records or registers
that may be required by the Authority. (1)
The Authority may appoint one or more retired
or serving officers not below the rank of Joint Collector of a District as Land
Titling Appellate Officer to dispose objections filed under section 14(1) of
the Act (2)
The officer so appointed shall, exercise the
powers and perform the duties of the Land Titling Appellate Officer within such
local limits and for such period of time as the Authority may direct, (1)
The Land Titling Appellate Officer shall not
be bound by the procedure laid down by the Code of Civil Procedure, 1908 but
shall be guided by the principles of natural justice. Subject to the provisions
of this Act and Rules, the Land Titling Appellate Officer regulate its
procedure, including duration of oral hearings, when granted, and times of its
inquiry, as may be prescribed. (2)
All proceedings before the Land Titling
Appellate Officer shall be deemed to be judicial proceedings, within the
meaning of sections 193 and 228, and for the purpose of section 196 of the
Indian Penal Code, and shall be deemed to be a civil court for the purposes of
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. No civil court shall have
jurisdiction to entertain any proceedings in respect of any matter, in which
any Title Registration Officer and Land Titling Appellate Officer appointed
under this Act, are empowered by or under this Act to determine. CHAPTER 7 REGISTERS (1)
There shall be maintained by the Title
Registration Officer or any other officer authorized by the Authority in this
behalf, a Register of Titles which shall contain in respect of each immovable
property, the following particulars: (a)
unique ID No. of the property; (b)
area or extent of the property with
particulars of the built-up area, there on if any; (c)
indicative market value of the property; (d)
names of all the persons who are owners or
title holders with their respective extent of holding; (e)
details of transfers of property including
transfers due to succession; (f)
information, if any, on covenants or charges
standing against the properly; (g)
information, if any, on pending disputes
about the property; (h) such other particulars as may be prescribed. (2)
Notwithstanding anything contained in the
Registration Act, 1908, the Register of Titles shall contain the records of all
immovable properties in notified areas in Andhra Pradesh including: (a)
Existing titles of the Government over
Immovable property; (b)
Titles of any Immovable property acquired by
the State or Central Government after the commencement of this Act; (c)
Titles of immovable properties vested in
local bodies. (1)
The Title Registration Officer concerned
shall indicate in the Register of Titles, in the manner prescribed, the fact
that there is a pending dispute, with respect to an entry, if the immovable
property to which it relates, is the subject matter of dispute in a Civil
Court, or before the Andhra Pradesh Land Titling Appellate Officer. (2)
Any entry in the Register of Titles, against
which it is indicated that a dispute is pending, shall be entered in the
Register of Disputes, along with the particulars of the dispute as prescribed. (3)
There shall be maintained a Register of
Disputes by the Title Registration Officer or any other officer authorized in
this behalf by the Authority which shall contain: (a)
details of all the cases referred to the Land
Titling Appellate Officer under section 10; (b)
details of objections or appeals or Revisions
filed under sections 14 and 16; (c)
details of all the suits and appeals
intimated under section 18; (d)
such other particulars as may be prescribed. (4)
The Register of Disputes shall comprise of: (a)
Details of the parties involved in the
dispute; (b)
Details of the forum where such dispute is
pending; (c)
Details of attachments of property under
court decrees, Injunctions and orders of any court or tribunal or competent
legal or statutory authority; and (d)
Other particulars as prescribed in this
regard. (1)
There shall be a Register of Charges and
Covenants maintained by the Title Registration Officer or any other officer
duly authorized by the Authority in this behalf, in respect of all the
immovable properties located in the notified area, which shall contain the
following particulars: (a)
covenants and charges against any immovable
property, ordered under section 11 of this Act; (b)
intimation given to the Authority under
sections 19 and 20; (c)
particulars of all statutory charges including
charges under the Companies Act, as intimated to the Authority under section
21; (d)
special rights, covenants, or easements
created by any parties at the time of transfer, succession, partition or lease; (e)
Release of Mortgage rights or charges; (f)
such other particulars as may be prescribed; (2)
The Register of Charges and covenants shall
also contain the following particulars: (a)
The date of creation of the Charge; (b)
The Immovable property to which the Charge
pertains; (c)
The amount secured by the Charge; (d)
Short particulars of the Charge; (e)
The person/s in whose favour the Charge has
been created; (f)
Details of Release of charge; (g)
Such other particulars as may be prescribed
by the Rules. The Register of Titles,
Register of Disputes and Register of Charges and Covenants shall be maintained
and updated in such manner and in such format as may be prescribed. The Title Registration
Officer concerned or any other officer authorized in this behalf by the
Authority, may add, or delete, or change, or alter, or amend, or modify and
update any entry in respect of any immovable property in the Register of
Titles, Register of Disputes, Register of Covenants and Charges in such manner
as may be prescribed. (1)
A person aggrieved by any clerical error,
such as a spelling mistake, error in recording the address, or any
typographical mistake or any other error apparent on the face of record, in the
Registers may file an application for its correction with the Title
Registration Officer, within three (3) months of occurrence of such error. (2)
The Title Registration Officer concerned,
after such inquiry as may be prescribed shall pass appropriate order, duly
recording the reasons thereof. All registers to be
maintained by the Authority, shall be maintained in electronic or any other
form as prescribed, in the manner and subject to safeguards, as may be
prescribed by the Authority in this regard. Any title recorded in the
Register of Titles in accordance with the provisions of this Act, shall be
considered as proof of the marketable title of the titleholder subject to the
entries in the Register of Charges and Covenants and in the Register of
Disputes. CHAPTER 8 REGISTRATION PROCESS (1)
For the purposes of this Act, the Authority
shall exercise all the powers of the Chief Controlling Revenue Authority under
the Indian Stamp Act, 1899. (2)
Authority may for the purposes of discharging
of functions and exercising powers under the Indian Stamp Act, 1899 notify one
or more of its officers as Collector for the different provisions of that Act. (3)
The Authority may appoint as many Title
Registration Officers as necessary and notify their jurisdictions. The Title
Registration Officer shall have a seal and any document purporting to be sealed
with it is admissible in evidence without any further or other proof. (1)
Notwithstanding anything contained in the
Transfer of Property Act, 1882, the Registration Act, 1908 and any other law
for the time being in force all owners or title holders of immovable property located
in a notified area shall file the transfer applications or report on
transactions in such manner as may be prescribed in respect of all acts or
transactions relating to such immovable property including the transactions
detailed hereunder: (a)
Any act which purports or operates to create,
declare, assign, limit or extinguish, whether in the present or in future, any
right, title or interest, whether vested or contingent, in immovable property; (b)
Any creation, declaration, assignment,
limitation or extinction of any right, title or interest effected through the
receipt or payment of any consideration; and (c)
Sale; (d)
Gift; (e)
Creation of charge by way of any kind of
mortgage including equitable mortgage, and release of such charge; (f)
Lease of immovable property, or reserving a
yearly rent, or periodic premiums; (g)
Transfer or assignment of any decree or order
of a court or any award when such decree, order or award purports or operates
to create, declare, assign, limit or extinguish, whether in the present or in
future, any right, title or interest, whether vested or contingent, to or in
immovable property; (h)
Any decree, order or award passed by a Civil
Court, including any decree, order or award passed, on consent of the
defendants or on circumstantial evidence; (i)
Any rectification of title done by the Title
Registration Officer, Land Titling Appellate Officer; (j)
Easementary right, appurtenant rights,
terrace rights, air rights; (k)
Sale or Construction or Development
agreements relating to immovable property; (l)
Powers of attorney relating to immovable
property authorizing the Agent to sell or construct or develop such immovable
property; (m)
Agreements cum-GPA relating to immovable
property; (n) All mergers or amalgamations, demergers of companies involving
immovable property; (n)
All transfers of immovable property after
dissolution of partnership firms; (o)
Any other transactions with regard to
immovable property; (2)
Notwithstanding anything contained in the
Indian Stamp Act, 1899 or any other law for the time being in force, an
application for Title Transfer or a report on the transaction made in
accordance with chapter-VIII of this Act shall be considered to be an
Instrument under the Indian Stamp Act, 1899 for the purposes of levy of stamp
duty under that Act. Without prejudice to
anything said herein before, all the information regarding all the acts and
transactions in relation to immovable property shall be reported to the
Authority for recording in prescribed manner. Among other acts and
transactions pertaining to immovable property, the following acts shall be
included: (a)
Charges created by unregistered transactions; (b)
Probates and letters of adrninistration; (c)
All attachments of property made through
court decrees, injunctions or orders of any court or tribunal or statutory
authority; and (d)
Any other matter as prescribed. The transfer application or
report on transaction along with all prescribed forms and documents relating to
the act or transaction on immovable property shall be presented to the Title
Registration Officer concerned. (a)
by a person executing such transaction or
claiming such transaction pursuant to a decree or order issued by a competent
Court or Tribunal or competent legal Authority, or; (b)
by the agent of such person or representative
or assign duly authorized by a Power of Attorney. Explanation: For the purpose
of this Act, a power of attorney duly executed in accordance with the Powers of
the Attorney Act, 1882 and registered under this Act in prescribed manner shall
constitute due authorization to undertake all acts required by this Act, on
behalf of the person executing a Power of Attorney. (1)
Upon receipt of a transfer application or
report on transaction presented under section 50, the Title Registration
Officer shall thereupon: (a)
enquire and satisfy himself whether or not
such transaction is executed by the persons by whom it purports to have been executed: (b)
verify and satisfy himself whether any stamp
duty, transfer duty and any other applicable duty or fee is paid in respect of
the transaction and collect the differential if any; (c)
satisfy himself (i)
as regards the identity of the presentants
through the personal identification records or in any other manner as may be
prescribed by the Authority; (ii)
that the transaction is not in violation of
any enactment in force; (iii)
the transfer application or report on
transaction is in prescribed form and contains all the required information; (iv)
that the subject property under the
transaction is duly described in its entirety by the distinct ID assigned by
the Authority under section 6(1) of this Act (2)
The Title Registration Officer shall not
accept the transfer application or report on transaction if he is not satisfied
in respect of any of the above. (3)
Upon satisfying himself in accordance with
sub-section (1), the Title Registration Officer shall proceed to effect that
transfer of title or record the transaction on title as the case may be, in the
Register of Titles and / or Register of Charges and Covenants in the manner
prescribed. (1)
Every Title Registration Officer refusing to
accept a transfer application or report on transaction presented under section
50 shall make an order to that effect duly recording the reasons thereof and
give a copy thereof to the Presentant, within three (3) days from the date of
presentation under section 50. (2)
An appeal shall lie against an order of a
Title Registration Officer under sub-section (1) to the Land Titling Appellate
Officer as prescribed within fifteen (15) days from the date of the order. (3)
Every Land Titling Appellate Officer refusing
to register a transfer application shall make an order of refusal and record
the reasons thereof and give a copy thereof to the Appellant. (4)
An appeal shall lie against an order of the
Land Titling Appellate Officer under sub-section (2) to the Honble High Court
within thirty (30) days from the date of the order. (5)
If the order of the Land Titling Appellate
Officer directs the transaction to be registered and the transfer application
is duly filed for registration within fifteen (15) days of the making of such
order, the Title Registration Officer shall obey the same and such registration
shall take effect as if the transfer application form had been registered when
it was first duly submitted for registration. (1)
The Title Registration Officer shall have the
power to summon any person, who the Title Registration Officer believes has
information relevant to the transaction and direct him to give statements or
deliver any relevant documents as may be necessary for registration under this
Act. (2)
The Title Registration Officer may for the
purpose of any enquiry summon and enforce the attendance of witnesses and
compel them to give evidence, as if he were a civil court and he may also
direct by whom the whole or any part of the costs of any such enquiry shall be
paid, and such costs shall be recoverable as if they had been awarded in. a
suit under the Code of Civil procedure, 1908. (3)
The Title Registration Officer may, at his
discretion accept the Transfer Application or Report on transaction at the private
residence or hospital or jail from a person who is unable to attend the office,
after recording the reasons thereof in writing in the manner prescribed. An entry made in the
Register of Titles or Register of Charges and Covenants in pursuance of a
Transfer Application or Report on transaction, has effect for transfer of Title
or recording of transaction from the time of making or filing of the
application before the Title Registration Officer. If any title or right or
interest in immovable property is re-transferred, re-granted or recreated
because of a failure to comply with the requirements of registration, the
transferee or grantee or, as the case may be the mortgagor: (a)
is liable to the other party for all the
proper costs of and incidental to the retransfer, regrant or recreation of the
title or right or interest in immovable property, and; (b)
is liable to indemnify the other party in
respect of any other liability reasonably incurred by him because of the
failure to comply with the requirement of registration. (1)
No transaction or act relating to immovable
property required to be registered or recorded under this Act or reported to
the Authority under this Act shall be effective and received as evidence of a
transaction relating to such property, unless it has been registered or
recorded upon receipt of information by the Authority under the provisions of
this Act: Provided that an
unregistered document affecting immovable property and required by this Act or
the Transfer of Property Act, 1882, to be registered may be received as
evidence of a contract in a suit for specific performance under Chapter II of
the Specific Relief Act, 1963, or as evidence of any collateral transaction is
not required to be affected by registered instrument. (2)
Notwithstanding anything contained in any
other enactment in force, if the requirement of registration under this Act, is
not complied with, the transfer, grant or creation of title or right or
interest becomes void. (3)
On the application of sub-section (2) in the
case of transfers for valuable or other consideration, by way of gift or in
pursuance of an order of any court, the title to the immovable property reverts
to the transferor who holds it on a bare trust for the transferee. (4)
On the application of sub-section (2) in
cases of leases or grants, charges or mortgages, the lease or grant or creation
of charge or mortgage has effect as a contract made for valuable consideration
to lease or grant or create such legal interest concerned. CHAPTER 9 ELECTRONIC TRANSACTION Notwithstanding anything
contained in any law for the time being in force, the State Government may, by
notification in this regard, appoint a date from which, all rights or interests
relating to immovable property in any or all of the notified areas, shall be
executed only in the electronic format in the manner prescribed. The Authority may by
notification from time to time in this regard, appoint a date from which it
shall provide for the compulsory use of one or more than one particular
personal identification system such as biometric authentication (IRIS diagram
or fingerprint) or any other such method for establishing the identity of any
person, for the purposes of any transaction or transfer of any Immovable
property recorded in the Register of Titles. (1)
The computer system of the Andhra Pradesh
Land Authority shall be a protected system for the purpose of the Information
Technology Act, 2000. (2)
The Authority shall for the purposes of this
Act, prescribe appropriate systems of security having due regard to prevailing
commercial circumstances and (a)
the nature of transaction; (b)
the level of sophistication of the parties
with reference to their technological capacity; (c)
the volume of similar transactions engaged in
by other parties; (d)
the availability of alternatives offered to
but rejected by any party; (e)
the cost of alternative procedures; (f)
the procedures in general use for similar
types of transactions or communications. Notwithstanding anything
contained in this section, the Authority shall be at a minimum governed by the
Information Technology Security Guidelines contained in Schedule II to the
Information Technology (Certifying Authorities) Rules, 2000 of the Information
Technology Act, 2000. Notwithstanding anything
contained in any other law for the time being in force, sections 3, 17, 22A,
34, 35, 39, 47A, 59, 65B, 73A, 81A, 85 A, 85B, 85 C, 88A and 90A of the Indian
Evidence Act, 1872 shall be applicable to all electronic records under this
Act. Any interested person may
request the Authority for an extract of Register of Titles, which shall be an
extract from the electronic record of title, containing information as in
Register of Titles, Register of Disputes, Register of Charges and Covenants at
the time of issue of such extract. The State Government may, by
notification in this regard, introduce a system of indemnifying the entries in
the records of the Authority from such date and for such area as notified: Provided that the system of
indemnifying shall be in the manner as may be prescribed. The Authority may permit use
or dissemination of any information contained in its records in its original form
or in modified form, by any individual or a body on payment of such fees or
levy as it may consider necessary. CHAPTER 10 MISCELLANEOUS (1)
Any person responsible for providing any
information under this Act, shall be personally liable for failure to furnish
the information within the period specified therein, and shall be punished with
imprisonment for a term which may extend to six months or with fine which may
extend to Rupees Fifty Thousand or with both". (2)
In case of wilful concealment of information
or deliberate furnishing of false information to the Authority, the person or
persons responsible shall be punished with imprisonment for a term which may
extent to six months or with fine which may extend to Rupees Fifty Thousand or
with both". (1)
If any difficulty arises in giving effect to
the provisions of this Act, the State Government may, by notification make such
provisions not inconsistent with the provisions of this Act, as appear to it to
be necessary or expedient for removal of difficulties: Provided that no such power
shall be exercised after the expiry of period of two years from the
commencement of Act. (2)
Every notification issued under this section
shall be laid, as soon as may be after it is made, before the Legislature of
the State. (1)
All records under the Registers shall be a
matter of public record. (2)
A copy or extract from the Registers, given
by the Authority or any officer authorized in this behalf, under its seal,
shall be admissible as evidence, for the purpose of proving the contents of a
transaction relating to the immovable property comprised in the extract. (1)
No legal proceedings or any other claim or
action, shall lie against any person for anything done in. good faith under
this Act or the Rules and regulations made there under. (2)
No courts shall take cognizance of an offence
punishable under the section except with the previous sanction of the authority
constituted under Chapter-V of the Act. (1)
The State Government may, by notification in
the Official Gazette, make Rules to carry out the provisions of this Act. The
authority shall make necessary regulations to guide its functioning. (2)
In particular, and without prejudice to the
generality of the foregoing powers, such Rules and regulations may provide for
the: (a)
Manner of preparation, compilation,
maintenance and amendment of the Registers, and prescribing the forms in which
they are to be compiled or maintained, the places at which, and the officer by
whom Registers have to be maintained, and the officer by whom the said entries
are to be verified and amended; (b)
Maintenance of other records, registers,
accounts, maps and plans for the purpose of this Act and the manner and forms
in which they shall be prepared and maintained; (c)
Inspection of the records, registers and
documents maintained under this Act and the fees for the grant of copies
thereof or extracts therefrom; (d)
Procedure to be followed in making enquiries
and hearing appeals under this Act; (e)
Manner of transferring Immovable property and
any rights contained therein; (f)
Procedure for appointment of various officers
under this Act; (g)
Salaries and terms of appointment of various
officers under this Act; (h)
Method of inquiry by the Title Registration
officer before making entries in the Register of Titles; (i)
Hearing of objections and public hearing, (j)
Publication of notices; (k)
Method for obtaining and filing of a
Certificate of Dispute; (l)
Issuance of notices; (m)
Use of biometric authentication or other
identification; (n)
Recording of Charges, easementary rights and
such other rights on the Immovable property; (o)
Prescribing fines, penalties and other
actions to implement the provisions of this Act. (3)
All Rules shall be made by the State
Government under this section and any orders relating to delegation of power to
make regulations by the Authority shall be laid, as soon as may be after it is
made, before the Legislature of the State. (1)
That the authority may delegate all its
powers except power to make regulations to any of its members or officers. (2)
The Authority may issue executive
instructions in furtherance of various provisions of this Act and Rules made
there under in order to achieve the aims and objectives of this Act, so long as
they are not inconsistent with such provisions. SCHEDULE PART
I Amendments
to the Indian Stamp Act, 1899 (1)
Section 2, sub-clause (12) shall be
substituted by Section 2 (12) - Executed and execution used with reference to
instruments, mean signed and signature The terms signed5 and signature also
include an electronic record which can be attributed to the originator, (a)
if it was sent by the originator himself; (b)
by a person who had the authority to act on
behalf of the originator in respect of that electronic record; or (c)
by an information system programmed by or on
behalf of the originator to operate automatically. (2)
Section 2, sub-clause (14) shall be
substituted by Section 2 (14) - Instrument includes every document by which any
right or liability is, or purports to be created, transferred, limited,
extended, extinguished or recorded. The term document also
includes any electronic record, meaning data, record or data generated, image
or sound stored, received or sent in an electronic form or microfilm or
computer generated microfiche. PART
II Amendments to the Andhra
Pradesh Survey and Boundaries Act, 1923 After Chapter III, the following
chapter shall be inserted. Chapter IIIA: Survey of all
immovable property in the State of Andhra Pradesh. Section 21 A. Power to
survey buildings and fiats. (1) The Andhra Pradesh Land Authority shall direct
the survey of all immovable property, portions and boundaries thereof in the
State of Andhra Pradesh. The Andhra Pradesh Land Authority may duly publish a
notification in the Official Gazette designating appropriate persons in this
regard. (2) Notwithstanding the
generality of sub-section (1), the officer or authority to whom the power is
delegated under sub section (1), shall direct the survey of all buildings,
flats and individual households and such other portions of immovable property,
in the manner prescribed. Section 21 B. Assigning
unique identification number Immovable property surveyed under this Act, shall
be identified by the unique identification number, prescribed by the Andhra
Pradesh Land Authority under the Andhra Pradesh Land Titling Act, 2022. PART
III Amendments to the Andhra
Pradesh Rights in Land and Pattadar Passbooks Act, 1971 Section 1(2) shall be
replaced with the following section 1 (2). It shall continue to extend to areas
in the State of Andhra Pradesh, wherein the Andhra Pradesh Land Titling Act, is
not or has not been brought into force. PART
IV Amendment
to the Limitation Act, 1963. In the Schedule to the
Limitation Act, 1963, the Period of Limitation in relation to item 65 of the
Act shall be amended to five years. Printed by the Commissioner
of Printing at A.P. Legislative Assembly Printing Press, Amaravati.The Andhra
Pradesh Land Titling Act, 2022