Section 5A in Telangana Rights in Land and Pattadar Pass Books Act, 1971
5A. [ Regularisation of certain alienations or other transfers of lands. [Inserted by Act No.1 of 1989.]
(1)Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, (Central Act 1 of 1882) the Registration Act, 1908 (Central Act 16 of 1908) or any other law for the time being in force, [where a person is an occupant] 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 deposit in the office of the Mandal Revenue Officer an amount equal to the registration fees and the stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the Registration Act, 1908 (Central Act 16 of 1908) as fixed by the registering officer on a reference made to him by the Mandal Revenue Officer on the basis of the value of the property arrived at in such manner as may be prescribed:Provided that the Mandal Revenue Officer shall not require the alienee or the transferee to deposit the amount under this sub-section unless he is satisfied that the alienation or transfer is not in contravention of the provisions of the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (Act 1 of 1973) the Urban Land (Ceiling and Regulation) Act, 1976, (Central Act 33 of 1976) the Telangana Scheduled areas Land Transfer Regulation, 1959 (Regulation 1 of 1959) and the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9 of 1977).(3)Nothing contained in sub-section (1) and sub-section (2) shall be deemed to validate any alienation where such alienation is in contravention of the provisions of the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, (Act 1 of 1973) the Urban Land (Ceiling and Regulation) Act, 1976, (Central Act 33 of 1976) the Telangana Scheduled Areas Land Transfer Regulation, 1959 (Regulation 1 of 1959) and the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9 of 1977).(4)The Mandal Revenue Officer on deposit of an amount specified in sub-section (2), shall issue a certificate to the alienee or the transferee declaring that the alienation or transfer is valid from the date of issue of certificate and such certificate shall, notwithstanding anything in the Registration Act, 1908, be evidence of such alienation or transfer as against the alienor or transferor or any person claiming interest under him.](5)The [Mandal Revenue Officer] [Substituted by 'Recording authority' Act No.9 of 1994.], shall on the production of the certificate issued under sub-section (2) make any entry in the pass book to the effect that the person whose name has been recorded as an occupant is the owner of the property.](6)[ Subject to the provisions of sub-section (2) of section 5-A, the Tahsildar shall regularize claims of those applicants who apply not later than 31.12.2017 and have been in possession and do not have sada bainama (unregistered) document, based on enjoyment survey, local enquiry, approval of Gramsabha and it shall be limited upto Ac.5.00 gts.] [Added by Act No.1 of 2018.]
