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.
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