(1)When a permanent tenure, or a portion or share thereof,is transferred by inheritance, bequest, sale, gift, exchange or usufructuary mortgage, the transferee shall, within six months of the transfer-(i)apply for the registration of such transfer in the office of the landlord in the prescribed manner ; and(ii)pay or tender to the landlord a fee (hereinafter called 'the land-lord's fee') of the following amount:(a)when rent is payable in respect of the permanent tenure-a fee of two per cent on the annual rent thereof:Provided that, when only a portion or share of such tenure is transferred, the rest of that portion or share shall, for the purpose of determining 'the landlord's fee', be deemed to be such portion of the rent of the entire tenure as the area or share transferred bears to that of the tenure :Provided also, that no such fee shall be less than one rupee or more than one hundred rupees :(b)when rent in not payable in respect of the tenure or portion or share thereof a fee of two rupees.(2)No suit or application by the transferee as such for the recovery of rent from a tenant holding within such transferred tenure, or portion or share thereof, shall be entertained until such application for registration has been made and "landlord's fee" paid or tendered.(3)When such application, and the payment or tender of "the landlord's fee have been made after the expiry of six months from the date of transfer the transferee shall not be entitled to recover from his tenant by suit or other proceeding any rent, which may have become due to him as owner of the said tenure or portion or share thereof, for the period between the date of expiry of the said six months and the date of the application for registration.(4)The landlord's fee shall be recoverable by the landlord as if it were an arrear of rent,and the provisions of Sections 51, 52, 53, 54 and 55 of this Act shall, so far as may be, apply to the tender of "the landlord's fee" and its deposit in court as if it were an arrear of rent.(5)The acceptance of "the landlord's fee" under this section shall not operate as an admission of the amount or fixity of rent or of the area or of any incident of such tenure, or be deemed to constitute an express consent of the landlord to the division of the tenure or to the distribution of the rent payable in respect thereof.(6)Previous transfers not affected.-The provisions of this section shall not apply to transfers of permanent tenures, or of portions or shares thereof, effected before the passing of this Act.
