Bare ActsThe Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.

Section 40

Words substituted by Act No

Amendment status not verified — confirm the current text below against the official source.

Words substituted by Act No. 10 of 2016, S. 4. 41 . Words added by Act No. 10 of 2016, S. 4. 42 . Sub-section added by Act No. 10 of 2016, S.4. 43 . Substituted by Act No. 1 of 1989, S. 7. 6 44[Mandal Revenue Officer] shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence thereof and shall carry out the amendment in the record of rights in accordance with such determination: Provided that no order refusing to make an amendment in accordance with the intimation shall be passed unless the person making such intimation has been given an opportunity of making his representation in that behalf. 45 [Provided further that when the registration is approved by the Registering Officer, the name of the claimant shall be mutated in lieu of name of the executants on real time basis provisional in electronically maintained data duly assigning notional subdivision number as may be prescribed pending enquiry by the Tahsildar: Provided also that the provisional mutation shall be confirmed by the Tahsildar electronically by following due procedure under sub-section (3) within thirty days of the registration. The aggrieved person may file an appeal to the Revenue Division Officer within a period of fifteen days from the date of order of the Tahsildar and decision of the appellate authority thereon shall subject to the provisions of section 9 be, final.] (2) Where the recording authority has reason to believe that an acquisition of any right of a description to which section 4 applies has taken place and of which an intimation has not been made to him under that section and where he considers that an amendment has to be effected in the record of rights, the recording authority shall carry out the said amendment in the record of rights. (3) The recording authority shall, before carrying out any amendment in the record of rights under sub-section (1) or sub-section (2) issue a notice in writing to all persons whose names are entered in the record of rights and who are interested in or affected by the amendment and to any other persons whom he has reason to believe to be interested therein or affected thereby to show cause within the period specified therein as to why the amendment should not be carried out. A copy of the amendment and the notice aforesaid shall also be published in such manner as may be prescribed. The recording authority shall consider every objection made in that behalf and after making such enquiry as may be prescribed pass such order in relation thereto as he deems fit. (4) Every order passed under this section shall be communicated to the persons concerned. (5) Against every order of the recording authority either making an amendment in the record of rights or refusing to make such an amendment, an appeal shall lie to such authority as may be prescribed, within a period of sixty days from the date of communication of the said order and the decision of the appellate authority thereon shall, subject to the provisions of section 9, be final. 46[5-A Regularisation of certain alienations or other transfers of lands:- (1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force, where the name of any person is recorded as an occupant in the Record of Rights by virtue of an alienation or transfer made or effected otherwise than by registered document, the alienee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid. (2) On receipt of such application, the Mandal Revenue Officer shall, after making such enquiry as may be prescribed require the alienee or the transferee to the deposit in the office of the Mandal Revenue Officer an 44.Words substituted by Act No. 9 of 1994, S. 7.

Section 40 – The Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. | DailyLaw.ai