84. Certain voluntary transfers to be null and void.
(1)Notwithstanding anything contained in any law for the time being in force. all voluntary transfers effected after the date of publication of the Kerala Reforms Bill, 1963, in the Gazette, otherwise than-(i)by way of partition; or(ii)[***] [Omitted by Act No. 17 of 1972.](iii)in favour of a person who was a tenant of the holding before 27th July, 1960, and continued to he so till the date of transfer; [***] [Omitted by Act No. 17 of 1972.](iv)[***] [Omitted by Act No. 17 of 1972.]by a family or any member thereof or by an adult unmarried person owning or holding land in excess of the ceiling area [or otherwise than by way of gift in favour of his son or daughter or the son or daughter of his pre-deceased son or daughter by any person owning or holding land in excess of the ceiling area] [Inserted by Act No. 17 of 1972.] shall be deemed to be transfers calculated to defeat the provisions of this Act and shall be invalid;Provided that, without prejudice to any other right of the parties to any such transfer, when any purchase price is payable under Section 56 or any compensation is payable [under Section 72H or Section 88] [Substituted by Act No. 35 of 1969.] for any land covered by the said transfer, it shall be competent for the Land Tribunal to award to the transferee, out of the purchase price or compensation amount in respect of such land; such sum as the Land Tribunal may consider just and proper.(1A)[ Notwithstanding anything contained in Sub-section (1) or in any judgement, decree or order of any court or other authority, any voluntary transfer effected by means of a gift deed executed during the period commencing on the 1st day of January. 1970 and ending with the 5th day of November, 1974, by a person owning or holding land in excess of the ceiling urea in favour of his son or daughter or the son or daughter of his predeceased son or daughter shall be not deemed to be, or ever to have been, invalid -(a)if the extent of the land comprised in the gift does not exceed the ceiling area specified in clause (a) of Sub-section (1) of Section 82; and(b)if the extent of the land comprised in the gift exceeds the ceiling area specified in the said clause, to the extent of that ceiling area:Provided that nothing contained in this Sub-section shall apply-(a)to a transfer in favour of a person who was an unmarried minor on the 1st day of January, 1970;(b)in respect of any land which has been assigned on registry under Section 96, before the commencement of the Kerala Land Re-forms (Amendment) Act, 1979.][Explanation. [Inserted by Act No. 35 of 1969.] - For the purposes of clause (b), a land shall be deemed to have been assigned on registry if the purchase price pay-able for the assignment of that land or the first instalment thereof has been deposited as required by the rules made under this Act.] [Inserted by Act No. 27 of 1979.](2)[ Notwithstanding anything contained in any law for the time being in force, all voluntary transfers effected by any person (other than a family or any member thereof or by an adult unmarried person) owning or holding land in excess of the ceiling area after the 1st July, 1969, otherwise than-(i)by way of partition; or(ii)in favour of a person who was a tenant of the holding before the 27th July, 1960, and continued to be so till the date of transfer; [***](iii)[***] [Omitted by Act No. 17 of 1972.]shall be deemed to be transfers calculated to defeat the provision of this Act and shall be invalid:Provided that without prejudice to any other right of the parties to any such transfer, when any purchase price is payable under Section 56 or any compensation is payable under Section 72H or Section 88 for any land covered by the said transfer, it shall be competent for the Land Tribunal to award to the transferee, out of the purchase price or compensation amount in respect of such land, such sum as the Land Tribunal may consider just and proper.] [Inserted by Act No. 35 of 1969.](3)[For the removal of doubts, it is hereby clarified that the expression "ceiling area" in Sub-sections (1) and (2) means the ceiling area specified in Sub-section (1) of Section 82 as amended by the Kerala Land Reforms (Amendment) Act, 1969 (35 of 969).] [Inserted by Act No. 17 of 1972.](4)[ Notwithstanding anything contained in Sub-sections (1), (1A) or (2), or in any judgement, decree, or order of any court tribunal or other authority, no acquisition of land referred to in Section 7E shall be deemed to be invalid, or ever to have been invalid, by reason only of the fact that the land so acquired was found included as, or forming part of, the land liable to be surrendered by the transferor as excess land under the provisions of this Act and no suit or other proceedings including proceedings for eviction relating to the said land shall be instituted, maintained or continued in any court or tribunal against any person who is a deemed tenant under Section' 7E and every such suit or proceedings pending shall stand abated:Provided that ceiling cases wherein excess land has been physically taken over and distributed to landless labourers or reserved for public purposes as provided in this Act shall be reopened:Provided further that if the Taluk Land Board is satisfied that the transfer of land made by a person, in possession of excess land is calculated to defeat the ceiling provisions, it may take into account the land so transferred in determining his ceiling area, and may direct him to surrender such extent of land held or possessed by him:Provided also that no ceiling cases or proceedings in which a. ,y land has already been surrendered by, or assumed from, a person as excess land before the commencement of the Kerala Land Reforms (Second Amendment) Act, 2004, shall be reopened.] [Added by KLR (Second Amendment) Bill, 2004.]
