Section 40 in Administration of Evacuee Property Act, 1950
40. Restriction on transfer by evacuees.
- No transfer of any right or interest in any property made in any manner whatsoever after the 14th day of August, 1947, by or on behalf of any person whose property is notified or declared to be evacuee property, shall be effective so as to confer any rights for remedies on the parties to such transfer or on any person claiming under them unless it is confirmed by the Custodian.(2)An application for confirmation of such transfer may be made by the transferor or the transferee or any person claiming under, or lawfully authorised by, either of them to the Custodian within two months from the date of transfer or within two months from the commencement of this Act or within two months form the date of the notification or declaration referred to in sub-section (1), whichever is later.(3)The provisions of section 5 of the Indian Limitation Act, 1908 (IX of 1908) shall apply to an application under sub-section (2).(4)The Custodian shall hold and inquiry into the application in the prescribed manner any may reject the application, if he is of opinion that-(a)the transaction has not been entered into in good faith or for valuable consideration, or(b)the transaction is prohibited under any law for the time being in force, or(c)the transaction ought not to be confirmed for any other reason.(5)If the application is not rejected under sub-section (4), the Custodian may confirm the transfer either unconditionally or subject to such terms and conditions as he thinks fit to impose.
