23. Devolution of occupancy right on death - If a Raiyat dies intestate in respect of a right of occupancy, it shall, subject to any local custom to the contrary, descend in the same manner as other immovable property :
Provided that in any case in which, under the law of inheritance to which the Raiyat is subject, his other property goes to the [Government], his right of occupancy shall be extinguished.[23A. Registration of certain transfers of occupancy holdings. - (1) When an occupancy-holding or any portion thereof is transferred [by sale, gift, will or exchange in accordance with the provisions of this Act], the transferee or his successor in title may cause the transfer to be registered in the office of the landlord to whom the rent of the holding or portion thereof as the case may be, is payable.[(2) The landlord shall allow the registration of all such transfers and shall not be entitled, except in the case of a transfer by sale or gift, to levy any registration fee. In the case of a transfer by sale or gift, the landlord shall be entitled to levy a registration fee of the following amount, namely:-](i)when rent is payable in respect of the holding or portion, a fee of [five percentum] on the annual rent thereof:[Provided that, such fee shall not be less than rupees two and fifty paise or more than rupees two hundred and fifty; and](ii)when rent is not payable in respect of the holding or portion, a fee of [rupees two and fifty paise.][(3) A registering officer shall not register-any instrument purporting or operating to transfer an occupancy holding or portion of an occupancy holding by sale or gift unless there is paid to him in addition to any fee payable under the Act for the time being in force for the registration of documents, a process fee of the prescribed amount and the registration fee payable under sub-section-(2), together with the costs necessary for the transmission of the registration fee to the landlord:Provided that a gift to the husband or wife of the donor or to a son adopted under the Hindu Law or to a relation by consanguinity within three degrees of such donor shall not require any registration fee to be paid to the landlord as provided in sub-section (2).](4)When the registration of any such instrument is complete, the registering officer shall send to the Deputy Commissioner the registration fee and the costs necessary for the transmission of the same to the landlord ana notice of the transfer and registration in the prescribed form, and the Deputy Commissioner shall cause the fee to be transmitted to and the notice to be served on the landlord named in the notice in the prescribed manner.[(5) If any landlord refuses to allow the registration of any such transfer as is mentioned in sub-section (1), the transferee or his successor-in-title may make an application to the Deputy Commissioner, and the Deputy Commissioner shall thereupon, after causing notice to be served on the landlord, make such inquiry as he considers necessary, and [shall if he is satisfied that the transfer is not contrary to the provisions of this Act], pass an order declaring that the transfer shall be deemed to be registered, and may also pass such order as he thinks fit in respect of the costs of any such inquiry.]
