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State of Odisha - Section

Section 16 in The Orissa Tenancy Act, 1913

16. Transfer in other cases.

(1)In cases other than those covered by section 15, when any tenure or portion of a tenure is transferred by sale, gift or exchange, the transferee or his successor-in-interest shall apply to the landlord to whom the rent of the tenure or portion thereof is payable for registration of the transfer, and the landlord shall, in the absence of good and sufficient reason to the contrary, allow the registration of the transfer. The fee payable on such transfer shall be-
(a)in the case of a sale, rupees twenty-five per centum of the consideration money or the fee specified in Clause (b) whichever is greater, and
(b)in the case of gift or exchange, a fee six times the annual rental of the tenure or portion thereof, as the case may be, or, if rent be not payable in respect of the tenure or portion, than a fee of rupees ten.
(2)If, in any such case, the landlord accepts the fee authorised by Sub-section (1), his consent to the transfer shall be deemed to have been given.
(3)If, in any such case, the landlord refuses to accept the requisite fee, the transferee or his successor-in-interest may deposit such fee with the Collector, .and at the same time, apply for registration of the transfer. The Collector, after giving notice to the landlord to appear and be heard, shall decide whether the tenure is transferable by custom without the consent of the landlord and whether the landlord, has any good and sufficient reason to refuse his consent to the transfer; and, if the Collector finds that the tenure is so transferable, and that the landlord has no good and sufficient reason to refuse his consent to the transfer, he shall cause the said fee to be delivered to the landlord in the prescribed manner, and shall, by an order in writing, declare that the transfer has been duly registered.
(4)If an application for the registration of the transfer of any tenure or portion thereof under Sub-section (1) is not made within a period of six months from the date of the transfer, and if the registration fee authorised by the said Sub-section is not deposited along with the application, the transferee or his successor-in-interest shall not be entitled to recover, at any time after the expiry, of the said period, by suit or other proceeding, any rent which may have become due to him as the owner of such tenure or portion, between the date of the transfer and the date of the application for registration.