[1][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. dt. 17-09-1953 relating to the
transfer of revenue registry, the Government of Kerala hereby issue the
following unified rules for the Transfer of Registry. (a)
These rules may be called the Transfer of Registry Rules, 1966 (b)
They shall come into force at once. [2][1A In
these Rules, the term ?Tahsildar? shall include the Headquarters Deputy Tahsildar of the Taluk and
the Deputy Tahsildar in charge of a sub-taluk]. 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. 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 land, by sale,
partition, gift, agreement etc., the party or parties thereof shall record in
the application in Form 1 appended to these rules, 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. In the case of lengthy documents
additional sheets on plain paper may be used in continuation of the form. This
application shall be presented to the Registering Officer along with the
document to be registered. (ii)
The copy of the document furnished on the reverse of the
application form shall be 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 shall obtain the signature of the transferor and the
transferee, (or their agents or representatives) who agree to the transfer of
registry on the application form enter necessary 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 be so recorded on this form. Note:- Form of application (Form
I) can be had from the Registry Office at 15 ps. each. (iv)
A register in Form II shall be maintained in the Registry Office
in which the details of applications received for transfer of registry shall be
entered giving them consecutive numbers for each calendar year. (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 days after the
expiry of the month, with an intimation, in Form No. III. The receipt of the
application etc., shall be acknowledged by the Tahsildar in the space provided
therefor in Form III 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. (vi)
The Registering Officer shall see that the application for
transfer of registry are forwarded to the Tahsildar in a complete form. (vii)
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 and shall be forwarded to the concerned Tahsildars. (viii) The
Registering Officer shall prepare a statement in Form IV in respect of
applications not acknowledged by the Tahsildars for a period of one month and
forward it in the 1 st week of every month to the Revenue Divisional Officer.
On receipt of the statement, the Revenue Divisional Officer shall arrange for the acknowledgements being sent immediately. (b)
Transfers by decrees of Civil Courts or Revenue
sales.-- (i) In respect 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, the Registering Officer shall
follow the procedure laid down in Rule 3(a). (ii) 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. II. (c)
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. It is 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. On receipt of the application in Form I as laid
down in Rule 3(a) or copy of the documents specified in Rule 3(b) from the
Registry Office, or on receipt of the report specified in Rule 3(c) from the
Village Officers, or on receipt of an application from parties under Rule 4,
the Tahsildar shall enter them in the Register for Transfer of Registry cases
maintained in his office (Form No. V). A similar register shall be maintained
by the Revenue Inspector in respect of application received by him. The transfer of registry cases shall bear
consecutive serial number for each calendar year. (1) The Tahsildar shall forward the cases within 15 days to the
concerned Village Officer for preparing the statement in Form A? (2) (i) A record of the reports sent to the Tahsildar under Rule
3(c) shall be maintained in the Village in Form VIA. The Transfer of registry
cases received for report will be entered in a register in Form VIB. The cases
shall be registered in the order of their date of receipt and A? form statements
prepared in the serial order by the Village Officer. The pending cases at the
end of a financial year shall be carried over to the new register. The Revenue
Inspector shall check the entries in the new registers and furnish the
following certificate on the first page of the first Vol. of the new Register: Certified that all cases in the registers for the
previous years pending on 31 st
March.................................................have been brought over to
his register?. Signature Revenue
Inspector,...................................Frika (ii) The Village Officer furnishing the required
details shall also certify in the statement in Form A? whether the
lands involved therein are owned by Scheduled Castes or Scheduled Tribes and
whether the transfer of registry is in favour of the same community. It shall also
be ascertained and reported whether there is any prohibition in the original
document against alienation of the property by the transferor or his
predecessor in Interest. Village Officers should certify in Form A?. Statement to
the effect that the property is not pledged as security for loans etc., and it
has not been attached by Government. (iii) If the transfer of registry in respect of
the case cannot be effected owing to the restriction on alienation laid down in
any of the enactments, the fact should be reported and in that case the
statement in Form A? need not be furnished. (iv) When the case regarding transfer of registry
involves sub-division of the property an entry to that effect shall be made in
the column provided for the purpose in Form A? and a plotted sketch in
triplicate showing the position and the area of sub-division together with
sub-division statements in triplicate shall be forwarded along with statement
in Form A. For this purpose, the Village Assistant shall measure the new sub-division
boundary according to its alignment as seen on the ground, after issue of
intimation to the parties. The signature of all the parties involved in the
sub-division case in token of their approval of the extent and boundaries of
the new sub-division shall as far as possible, be obtained in the sketch and
the sub-division statement. If it is not possible to prepare a plotted sketch
on account of the non-availability of proper survey data relating to that
field, a location sketch giving the length of the boundary lines of the plot in
question and complete description of the boundary including survey or
sub-division numbers, names of owners and occupants of the adjoining fields
should be furnished. If there are porambokes adjoining 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. 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. The cases received back 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. 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. All contested cases shall be enquired into and
disposed of by the Tahsildar, following the procedure laid down in Note:- (ii)
to Rule 10. The cases which involve sub-division of the plots
may be of the following types: (1) Those in which the documeots of transfer specifically mention
the area of the land conveyed and give details of measurements of the land or
details of the boundaries which would 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 details of the measurements of the land or boundaries. (3) Those in which the documents do not mention the area but give
details of measurements or boundaries. (4) Those in which the documents give only the area but no other
details to enable the location of the land on the ground. Transfer of registry in the above cases shall 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 Revenue Inspector 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
scrutinised 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 may 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. A copy of the provisional order together with the
sketch and subdivision statement in triplicate shall be communicated to the
Superintendent of Survey and Land Records for scrutiny and computation of the
area. On receiving it back from him after scrutiny, final orders shall be
passed by the Tahsildar. A copy of the sketch and sub-division statements shall
then be communicated to the Village Office for getting necessary entries being
made in the Village Accounts by the Taluk Surveyor or the Revenue Inspector
during his next visit to the Village and for filing them with the village
records of the concerned survey field. [3](Another
copy of the sanctioned sketch and statement shall be filed with records of the
concerned survey field in the Taluk office, if filed measurement sketches are
available, otherwise they will be filed with the relevant records in the office
of the 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 transferee. If it is not possible to
effect sub-division on the ground, the name of the transferee shall be jointly
registered. Ordinarily, no transfer of registry case shall be kept pending for
more than 4 months. As soon as the cases are finally disposed of,
necessary entries shall be made in the Taluk Register of transfer of registry
applications. In conducting enquiries in the case for transfer
of registry, the following general principles shall also be observed. (1) When the transfer of registry is sought for under the
authority of a decree of a Civil Court or revenue sale, or registered document
and if the transferor is not the registered pattadar, the production of the
document with the tax receipt or with a certificate from the Village Officer as
to the possession of the property and payment of land tax thereof will be
sufficient evidence regarding the bonafides of the application provided that,
the series of transactions connecting the transferor with the pattadar are
ascertained and recorded. (2) When the transfer of registry is due to inheritance, a
summary enquiry as to who is the nearest legal heir of the deceased pattadar according
to the law of inheritance applicable to the parties concerned and a certificate
from the Village Officer as to the possession and payment of tax or the
production of the tax receipt will be sufficient. A notification inviting
objections to the 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. (5) 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. (7) When transfer of registry is refused in any case, the reasons
for such refusal shall be briefly stated in the decision. 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. 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. 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 given 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. (i) An appeal against an order passed by 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. (ii) 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 the appeal within that period. In
such cases, the authority who admits the appeal shall record the fact 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 certified
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 parties who
are affected by the decision and without giving them an opportunity to be
heard. (iv) There shall be no second appeal. But it shall be open to the
District Collector if he is satisfied that sufficient ground exists to revise,
cancel or alter on his own motion or otherwise any decision or order passed by
the Revenue Inspector, Deputy Tahsildar, Tahsildar or the Revenue Divisional
Officer within a period of one year from the date of such decision. (v) No revision shall however be entertained by the District
Collector unless the parties have exercised the right of appeal prescribed
under these rules. No order in revision interfering with the original order
shall be passed without giving to the party or parties affected thereby a
reasonable opportunity of being heard. The revision petition presented by the
parties shall be accompanied by the original or a certified copy of the order
sought to be revised. The certified copies shall be prepared on stamp paper of
sufficient value. The District Collector shall take up a revision case and
decide it if it comes to his knowledge that there is a likelihood of Government
being involved in a Civil Suit. 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 to the file of
his Personal Assistant for disposal or take it on his own file and dispose it
of himself. It shall be open to the Board of Revenue, if
sufficient grounds exist, to take on its file and dispose of any transfer of
registry case pending before a District Collector. The appeal and revision petitions shall be duly
stamped. 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 (Chitta) 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. The number in the Thandaper account (Chitta)
shall run consecutively except in the cases in which the transferee is already
a Thandaper holder. 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. 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. 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. 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 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 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 taking 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 registered. 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 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 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 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 three months. If a declaration is
filed the result of the suit should be awaited before taking further action. Transfer in favour of person proving title by
adverse possession for 12 years or more.-- Where parties who have no documents
of title are shown in a summary enquiry to have been in actual, continuous and
uninterrupted possession as reputed owners for 12 years or more 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 or on the applications
presented by the parties concerned. Payment of revenue as evidenced by the production
of kist receipts or by the testimony of the Village Officers may be taken as
proof of possession, but the absence of such proof shall not be considered
entirely to invalidate the claim and oral evidence of possession may be
accepted. The Tahsildar shall intimate all changes effected
by them on account of subdivisions to the Registering Officers who have
jurisdiction over the properties once in 3 months (in prescribed form) so as to
reach them on or before the 15th of the month succeeding the quarter to which
they relate. Form of application for transfer of revenue
registryTHE TRANSFER OF REGISTRY
RULES, 1966
PREAMBLE