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State of Sikkim - Section

Section 105 in Sikkim Urban and Regional Planning and Development Act, 1998

105. Restriction on registration of documents.

- Notwithstanding anything contained in the law for the time being in force in Sikkim, no deed or document in respect of transfer, by way of sale, gift, exchange, lease, mortgage with possession or otherwise of any land, or sub-division of any land or building situated within a development area shall be registered by the authority competent to register such deed or document under the provisions of the said Act, unless such deed or document is accompanied by a non-objection certificate from the concerned Authority, in the form prescribed under rules:Provided that the competent authority may register any transfer:-
(a)Where the land is owned by a person and the transfer is made without involving any further divisions;
(b)Where the partition/sub-division of land is made in a Joint Hindu Family;
(c)Where the lese is made in relation to a part or whole of a building; and
(d)Where the mortgage is made for procuring the loans for construction or improvement over the laid either from the Government or from any other financial institution constituted or established under any law for the time being in force or recognized by the Government.