Section 9 in The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989
9.
(1)(a)After due completion of enquiry, referred to in Rule 6 of the Recording Authority shall pass orders in respect of-(i)all cases requiring change of Registry necessitated by the death of registered holder i.e., succession by heirship, if succession is not disputed. With regard to the entry of the names of the heirs, the names of all the heirs entitled to shares in the property should be registered;(ii)all cases requiring change of registry necessitated by sale, gift, etc., through regisered documents, if there is no dispute. In all cases of absolute transfer of title, the Registry of a holding should be altered to correspond with the transfer of its ownership. Where the Registered holder is not a party to a registered transaction, the registered holder should be enquired. The parties involved in a transfer should be connected by a complete chain of registered documents. Unregistered documents are not admissible as evidence in this enquiry to prove the ownership or title of the property. Where the chain is- not complete, no transfer of registry shall be done. Such cases shall be referred to the Mandal Revenue- Officer, for disposal after confirmation of the Record of Rights- for the villages;(iii)All cases requiring splitting of joint pathas which dumeitinvolve any dispute. joint pattas held by a Hindu Joint Family shall not be split up unless the family request for it in writing. The Recording Authority shall enquire the joint Pattadars and after enquiry, by order, determine the share of land of each pattadar in the joint holding. The shares of the land shall be sub-divided in due course and the cost of sub-division recovered from the pattadars in proportion of their shares. After the confirmation of the Record of Rights, a person excepting a Hindu Joint Family in a village shall have- only one patta for all his lands in the village as far as, it is practicable. Joint Patter cases in which there is a dispute shall be referred to the Mandal Revenue Officer after confirmation of the Records of Rights for the village;(iv)No order shall be passed for the change of Registry or splitting of joint pattas, unless the recording authority is satisfied that the change of Registry or splitting of joint patta is not in contravention of any of the provisions of:(1)The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Act 1 of 1973);(2)The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976);(3)The Andhra Pradesh Assigned Land (Prohibition of Transfers) Act, 1977 (9 of 1977);(4)[x x x] [Omitted by G.O.Ms.No. 36, Revenue dated 15-1-1994. ];(5)[x x x] [Omitted by G.O.Ms.No. 36, Revenue dated 15-1-1994. ];(6)The Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (1 of 1959);(7)[x x x] [Omitted by G.O.Ms.No. 36, Revenue, dated 15-1-1994. ];(8)[x x x] [Omitted by G.O.Ms.No. 36, Revenue, dated 15-1-1994. ];(9)[x x x] [Omitted by G.O.Ms.No. 36, Revenue, dated 15-1-1994. ].(b)[(i)After due completion of enquiry referred to in Rule 6 the Recording Authority shall also pass orders for registering the names of claimants in respect of all cases of claims of] [Clause b(i) renumbered as Clause (b), Clause (b)(ii) has been omitted by ibid.] [tenancy, mortgage and occupancy] [Substituted for the words 'tenancy and mortgage' by ibid. ] where there is no dispute.(c)(i)All disputed cases of transfer of registry, splitting of joint pattas, registering the names of [tenants, mortgagee and occupants] [Substituted for the words 'tenants and mortgagees' by G.O.Ms. No. 36, Revenue, dated 15-1-1994. ] shall be submitted by the Recording Authority after the confirmation of the Record of Rights to the Mandal Revenue Officer for disposal in due course.(ii)In respect of cases falling under Rule 9(1)(a)(i), the Mandal Revenue Officer shall hold a summary enquiry as to who has the right to succeed to the property of the deceased registered holder, according to the principles of the Law of Succession which govern the case and give notice to all persons known or believed to be interested to the effect that the registry will be made in the name of the person found to be entitled, unless a declaration if filed, within three months from the date of the notice, by any person objecting to the registry, stating that he has instituted a suit in a Civil Court to establish his superior title and an authenticated copy of the plaint in the suit is produced. If no declaration is filed, the registry should be made as stated in the notice, at the expiration of three months. If a declaration is filed, the result of the suit should be awaited before taking further action.(iii)In respect of cases falling under Rule 9(1)(a)(ii) if the chain is not complete, the Mandal Revenue Officer can consider other evidence such as statements of respective ryots, kist receipts etc., and take decision. One month's time shall be allowed for filing objections if any, and an enquiry be held in respect of the same. Thereupon, transfer of registry shall be ordered unless the objection is found to be valid.(iv)No order shall be passed by the Mandal Revenue Officer for the change of registry, splitting of joint pattas, recording the names of Tenants and Mortgagees in possession, unless he is satisfied that the change so ordered is not in contravention of any of the provisions of the Acts referred to in Rules 9 (1)(a)(iv) [x x x] [The expression 'and 9(1)(b)(ii)' omitted by ibid. ].(2)After the passing of the orders under sub-rule 1(a) or 1(b), the Recording Authority shall prepare or cause to be prepared a Draft Record of Rights/Draft Record of Rights made up-to-date in land in the Village in Form I and such draft Record of Rights shall be kept in the custody of Village Assistant in the Office.
