G.O.Ms.No.282 P.R. dated. 12-03-1965
Transfer
of Registry of Ownership of houses in House Tax Assessment Books
14.
In effecting changes in the ownership of houses in the assessment books on the application of any party, whether at general revision or between one general revision and another, the executive authority of a gram panchayat shall observe the following provisions namely;
(1) Transfer by voluntary action of Owner: In all cases of absolute transfer of title, the registry of houses may be altered to correspond with the transfer of its ownership on the application of both parties to transfer or either of them provided that the application for change of registry is in every case made in writing and is signed by the party or parties making it. It may be sent by post or presented in person or by duly authorized
agent, or through an officer of the Registration Department. Where such an application is presented by both the parties and one of them is registered owner, change of registry as requested may be ordered at once. But where only one of the parties to the transfer makes the application notice shall be served on the other party. Where the registered owner is not party to the transaction, notice shall also be issued to him whether the application for transfer of registry is presented by both the parties or one of them. If the registered owner objects to the proposed transfer, no change shall be made unless the person who claims to be the owner produces satisfactory evidence. Where only one party to the transaction applies and other either objects or silent, the parties should be connected by a complete chain of documents. When the chain is
not complete, it should be filled up by other evidence, such as statement of respectable persons and tax receipts. A month’s time shall be allowed for filing objections and if any objection, is made, an enquiry shall be held and unless the objection is found to be valid, transfer of registry shall be made.
(2) Transfer to Decree Holders : - In case of transfer of title of houses in the name of decree-holders with reference to a decree of a civil court of purchases in auction sale held in
execution of civil court decree, change of registry may be made at once on the application of any of the parties to the suit or of the auction-purchasers and on the production of an authenticated copy of the decree or a certificate of sale, as the case may be and a certificate of delivery of possession in pursuance thereof, provided the transfer is from the registered owner. When the transfer is from a person who is not the registered owner, notice shall be given to the registered owner in the manner provided in sub-rule (1) before a change of registry is made. Where, however, a certificate of delivery of possession cannot produced, as for instance, where on decree passed, possession is ceded without execution proceedings and the decree is apparently final the case shall be dealt with as provided sub-rule (1) in regard to applications for change of
registry presented only by one of the parties to the transfer.
(3) Transfers under Declaratory decrees:- In cases where transfer of registry is sought under declaratory decree on which no execution can be taken out, i.e. where the decree merely declares the title to be vested in particular person, so as to entitle him to registration, the executive authority may on the production of an authenticated copy of such
decree, at once make the transfer of registry.
(4) Transfers which accrue by succession : - The executive authority may, on satisfactory proof, order transfer of registry in the case of transfers which accrue by succession.
15. There shall be an appeal to the gram panchayat against the orders of the executive authority making or refusing to make transfer of registry. Such appeal shall be presented within thirty days after the date of receipt of the order appealed against.
