Section 7 in Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973
7. Special provision in respect of certain transfers etc., already made.
(1)Where on or after the 24th January, 1971 but before the notified date, any person has transferred whether by way of sale, gift, usufructuary mortgage, exchange, settlement, surrender or in any other manner whatsoever, any land held by him or created a trust of any land held by him, then the burden of proving that such transfer or creation of trust has not been effected in anticipation of, and with a view to avoiding or defeating the objects of any law relating to a reduction in the ceiling on agricultural holdings, shall be on such person, and where he has not so,proved, such transfer or creation of trust, shall be disregarded for the purpose of the computation of the ceiling area of such person.(2)Notwithstanding anything in sub-section (1), any alienation made by way of sale, lease for a period exceeding six years, gift, exchange, usufructuary mortage or otherwise, any partition effected or trust created of a holding or any part thereof, or any such transaction effected in execution of a decree or order of a civil court or of any award or order of any other authority, on or after the 2nd May, 1972 and before the notified date, in contravention of the provisions of [the Andhra Pradesh Agricultural Lands (Prohibition of Alienation) Act, 1972 (13 of 1972)] [Repealed under section 30 (2) of this Act. Act 13 of 1972.] shall be null and void.(3)Where at any time within a period of five years before the notified date, any person has converted any agricultural land held by him into a non-agricultural land, then the land so converted shall be deemed to be agricultural land on the notified date for the purposes of this Act.(4)Where on or after the 24th January, 1971 but before the notified date,-(a)any declaration of dissolution of marriage has been made by a court on an application made on or after the 24th January, 1971; or(b)any other dissolution of marriage in accordance with any law or custom has taken place, then the land held by each spouse immediately before the date of such dissolution shall, for the purpose of this Act, be deemed to be land held on the notified date by the family unit of which they were members immediately before such dissolution.(5)Where on or after the 24th January, 1971 but before the notified date, any person has been given in adoption, then the land held by such person immediately before the date of such adoption shall, for the purposes of this Act, be deemed to be held on the notified date by the family unit of which he was a member immediately before such adoption.(6)In every case referred to in sub-section (4) or subsection (5), the computation of the ceiling area shall first be made in respect of the family unit referred to in the said subsection, and after the surrender of the land held in excess of the ceiling area by such family unit, the remaining land held by such divorced spouse or adopted person, as the case may be, shall be included in the holding of such divorced spouse or adopted person, whether as an individual or as a member of a family unit of which such spouse or person has become a member.(7)If any question arises,-(a)whether any transfer or creation of a trust effected on or after the 24th January, 1971 had been effected in anticipation of, and with a view to avoiding or defeating the objects of, any law relating to a reduction in the ceiling on agricultural holdings;(b)whether any alienation made, partition effected or trust created on or after the 2nd May, 1972 is null and void;(c)whether any conversion of agricultural land into non-agricultural land had taken place within a period of five years before the notified date;(d)whether any dissolution of a marriage had taken place on or after the 24th January, 1971 either on an application made on or after the said date, or in accordance with any law or custom;(e)whether any person had been given in adoption on or after the 24th January, 1971;such question shall be determined by the Tribunal, after giving an opportunity of being heard to the affected parties, and its decision thereon shall, subject to an appeal and a revision under this Act, be final.(8)If the Tribunal decides that any transfer or creation of trust had been effected in anticipation of, and with a view to avoiding or defeating the objects of, any law relating to a reduction in the ceiling on agricultural holdings or that any alienation made or partition effected or trust created is null and void and if as a result of such transfer, alienation or creation of trust, the holding of the person or the family unit, that remains on the notified date does not exceed the extent of land that he or the family unit is liable to surrender then, the Tribunal shall treat the entire holding thus left over as the extent of land to be surrendered under the provisions of this Act by the person or the family unit, as the case may be:Provided that the balance of extent of land that remains liable to be surrendered by the person or family unit shall, subject to such rules as may be prescribed, be surrendered by the alienee who is in possession of such holding by virtue of any transaction effected in contravention of the provisions of the Andhra Pradesh Agricultural Lands (Prohibition of Alienation) Act, 1972 (Act 13 of 1972).
