Section 8 in The Gujarat Agricultural Lands Ceiling Act, 1960
8. Transfers or partitions made after 15th January, 1959 but before commencement of this Act.
(1)Where after 15th day of January, 1959 but before the commencement of this Act, [for after 24th day of January, 1971, but before the specified date] [These words, figures and letters were inserted by Gujarat 2 of 1974, Section 9 (1) (a).], any person has transferred whether by sale, gift mortgage, with possession, exchange lease, surrender or otherwise or partitioned any land held by him, then notwithstanding anything contained in any law for the time being in force such transfer or partition shall, unless it is proved to the contrary, be deemed to have been made in anticipation in order to defeat the object of this Act. [Where such transfer or partition was made after 15th day of January 1959 but before the commencement of this Act or in order to defeat the object of the Amending Act of 1972 where such transfer was made after 24th day of January, 1971 but before the specified date] [These words, figures and letters were inserted by Gujarat 2 of 1974, Section 9 (1) (b).]:[Provided that where any transfer or partition of land is effected by a document required by law to be registered which is however not registered and such document purports to have been executed before 24th day of January, 1971 no court shall pass a decree in any suit filed for the grant of specific relief on the basis of any such document unless the court is satisfied on merits of the case that the document is a bona fide document executed in fact before 24th January, 1971 and that it is not ante-dated as a result of collusion between parties or otherwise in order to defeat the object of the Amending Act of 1972:Provided further that nothing in this sub-section shall apply to any transfer of land by way of gift or partition made on or after the 24th January, 1971 to a son who was major on the said date:] [These provisos were added by Gujarat 2 of 1974, Section 9 (1) (c).](2)Any person affected by the provisions of sub-section (1) may within the prescribed period and in the prescribed form, make an application to the Collector for a declaration that the transfer or partition was not made in anticipation in order to defeat the object of [this Act or as the case may be, of the Amending Act of 1972.] [These words and figures were substituted for the words 'of this Act', by Gujarat 2 of 1974, Section 9 (2).](3)On receipt of such application the Collector shall hold an inquiry and after giving an opportunity to the transferor and the transferee or, as the case may be to the partition, to be heard and after considering the evidence which may be produced, decide whether the transfer or, as the case may be the partition was or was not made in anticipation in order to defeat the object of [this Act, or as the case may be, of the Amending Act of 1972] [These words and figures were substituted for the words, 'of this Act', by Gujarat 2 of 1974, Section 9 (2).] and accordingly may-(i)reject the application, or(ii)by order in writing make a declaration that the transfer or, as the case may be, the partition was not made in anticipation in order to defeat the object of [this Act, or as the case may be, of the Amending Act of 1972.] [These words and figures were substituted for words, 'of this Act', by Gujarat 2 of 1974, Section 9 (2).](4)Where the application is rejected, the transfer or, as the case may be, the partition shall be ignored in computing under this Act the area of surplus land, if any, held by such person.
