5. Transferability of [plot of land] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969 for Holding.] of a raiyat.
(1) A transfer of the [plot of land] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969 for Holding.] of a raiyat or a share or portion thereof shall be made by an instrument which must be registered and the registering officer shall not accept for registration any such instrument unless(a)the sale price, or where there is no sale price, the value of the [plot of land] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969 for Holding.] or portion or share thereof transferred, is stated therein [ xxx ] [The word and omitted by the West Bengal Act No. 50 of 1981, w.e.f. 7.8.1969, Calcutta Gazette, dated 24.3.1986.];(b)there is tendered along with it(i)a notice giving the particulars of the transfer in the prescribed form for transmission of the prescribed authority;(ii)such notices and process fees as may be required by sub-section (4);(c)[ the purpose for which the land shall be used by the transferee is stated therein;] [Clauses (c) & '(d) inserted, ibid, w.r.e.f. 7.8.1969.] and(d)[ such purpose for use of the land by the transferee is consistent with the purpose for which the land was settled or was being used and is not contrary to the provisions of section 4B, section 4C, section 4E or section 49.Explanation.The purposes under clauses (c) and (d) shall include agriculture, horticulture, animal husbandry, trade, manufacture, entertainment, recreation, sport or such other purposes.] [Clauses (c) & (d) inserted, ibid, w.r.e.f. 7.8.1969.](2)In case of bequest of such [plot of land] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969 for Holding.] or portion or share thereof, no Court shall grant Probate or Letters of Administration until the applicant files in the prescribed form a notice giving particulars of the bequest together with the prescribed process fees for transmission to the prescribed authority.(3)No Court or Revenue Officer shall confirm the sale of such a [plot of land] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969 for Holding.] or portion or share thereof put to sale in execution of a decree or certificate and no Court shall make a decree or order absolute for foreclosure of a mortgage of such a [plot of land] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969 for Holding.] or portion or share thereof, until the purchaser of the mortgagee, as the case may be, files a notice or notices similar to, and deposits process fees of the same amount as that referred to in sub-section (1).(4)If the transfer of a portion or share of such a [plot of land] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969 for Holding.] be one to which the provisions of section 8 apply, there shall be filed by the transferor or transferee notices giving particulars of the transfer in the prescribed form together with the process fees prescribed for the service thereof on all the co-sharers of the said [plot of land] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969 for Holding.] who are not parties to the transfer and for affixing a copy thereof in the office of the registering officer of the Court house or the office of the Revenue Officer, as the case may be, as well as for affixing a copy on the [plot of land] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969 for Holding.].(5)The Court, the Revenue Officer or the registering officer, as the case may be, shall transmit the notice to the authority referred to in sub-clause (i) of clause (b) of sub-section (1) who shall serve the notices on the co-sharers referred to in sub-section (4) by registered post and shall cause copies of the notice to be affixed on the [plot of land] [Substituted by Act 31 of 2000 w.r.e.f. 7.8.1969 for Holding.] and in the Court house or in the office of the Revenue Officer, or of the registering officer, as the case may be.Explanation.In this section-(a)"transferor", ["transferee"] [inserted by West Bengal Act No. 50 of 1981, w.e.f. 7.8.1969, Calcutta Gazette, dated 24.3.1986.], "purchaser" and "mortgagee" include their successors-in-interest, and(b)"transfer" does not include simple or usufructuary mortgage or mortgage by deposit of title deeds.
