Bare ActsThe west bengal land reforms act, 1955

Section 5

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

(1) A tmnsfer of the holding of a raiya; or a share m portion zbz;F;; thcreof shall be made by an inslrumenl which musl be regislcred and holdingola the registering officer shall not acccpl for registntion any such insmment rQiyaL unless- (a) [he sale price, or where here is no sale price, he value of [he holding or portion or sham thereof transferred. is Wntcd therein; I* + (b) here is lcndered along wilh it, (i) a notice giving thc particulars of the transfer in [he prescribed form for lransrnission to the prescribed aurhority ; (ii) such notices and process fees as may be required by sub-section (4); ?(c) [he purpose for which the land shall be used by the transferee is stated d~zrein; and '(d) such purpose for use of thc land by h e lransfcree is consistent w i h [he purpose For which he land was setrlcd or was being used and is not contnry to the provisions of seclion 4B, seclion 4C, sccdon 4E or section 49. Explo~~ario~r -The purposes undcr cl awes (c) and (d) shall include agriculrure, horticul[ure, animal husbandry, trade,, manufaclurc, cnlertainment, recrcauon, sport and such oher purposes. (2) In case of bequest of such holding or portion or share hereof, no caurr shall gran~ Probale or Letters of Adminislrauon until the applicant files in the prcscribed form a notice giving par~culars of Ihc bequest togelher wilh the prcscribed process fee for transmission to the prescribed aurhorir y. (3) No coud or Rcvenue Officer shall confirm the sale of such a holding or ponion or share thereof put 10 sale in execution of a decree or ccnificate and no coun shall make a decree or order absolule for foreclosure of a mongape of such a holding or poriion or sharc hereof, unriI h e purchaser or thc mongagee, as he case may be, files a noiicc or nolices similar to, and deposib process fccs of the same amount as lhar referred to in sub-scction (1). IThc word "md" was omitled by s. ll(l)(a) of the West Bcnpl h d Relorn (Arncndmcn~) Act, I981 (WCS~ Bcn. A a L of 1981). w.e.f. 7.8.69. ?Clauses (c) md (d) were inscncd by s. Il(l)(b), ibid, w.c.F. 7.8.69. TIIE Wesr Betrgal htid Refort~rs Act, 1955. [West Ben. Act (Cl~uprer 11.-Raiya15.-Sec~iot~s 6. 7.) (4) If rhc irnnsfer of a portion or sharc of such a holding be one lo *; which ihc provisions of secrion 8 apply, there shall bc Flcd by the uansferor or ~ransfcrce noliccs giving parliculars of the lransfcr in [he prescribed form rogerher will1 rhe process fces prescribed for rhc service thereof on all the co-sharers of ~ h c said holding who are not parties lo !hc ~ransfer and for affixing a copy thereof in ~ h c office ofrhcrcgistering officer or the coum house or [ha office of thc Revenue Officcr, as [he case may bc, as well as for affixing a copy on rhc holding. (5) Thc coun, the Rcvcnue Officcr or the regisrcring officer. as h c casc may be, shall ~ a n s n u ~ thc notice to hc aulhorily rcfcrrcd to in sub- clause (j) of clause (b) of sub-section (1) who shall serve [he notices on rhc co-sharers rcfcrrcd lo in subsection (4) by regisrered post and shall causc copics of the notice ro bc alhxed on thc holding and in [he court housc or in the officc of the Rzvcnue OIliccr. or of the regislering officer, as the casc may be. (a) "~ransIcror", l["~ansferee",] "purchaser" and "mortgagee" include [heir successors-in-intcics~, and (b) "rransfer" docs not jnlcude ?[simple or usufrucluary mongage or mortgage by deposil of rirlc dccds].

Section 5 – The west bengal land reforms act, 1955 | DailyLaw.ai