Section 22 in Tamil Nadu Village Panchayats (Assessment and Collection of Taxes) Rules, 1999
22. Transfer of registry of ownership of houses.
- In effecting changes in the ownership of properties in the assessment book on the application of any party, whether at a general revision or between one general revision and another, the executive authority shall observe the following provisions, namely: -(a)In every case of absolute transfer of title, the registry of properties may be altered to correspond with the transfer of its ownership on the application of both the parties to the transfer or either of them, provided that the application for change of registry is in every case made in writing and is signed by the party or parties making it. It may be sent by post or presented in person or by duly authorised agent, or through an officer of the Registration department. Where such an application is presented by both the parties and one of them is the registered owner, change of registry as requested may be ordered at once. But, where only one of the parties to the transfer makes the application, notice shall be served on the other party. Where the registered owner is not a party to the transaction, notice shall also be issued to him whether the application for transfer of registry is presented by both the parties or one of them. If the registered owner objects to the proposed transfer, no change shall be made unless the person who claims to be the owner produces satisfactory legal evidence. Where only one party to the transaction applies and the other either objects or is silent, the parties should be connected by a complete chain of documents. When the chain is not complete, it should be filled in by other evidence, such as statements of respectable persons and tax receipts. A month's time shall be allowed for filing objections and if any objection is found to be valid, transfer of registry shall not be made.(b)In the case of transfer of title of properties in the name of a decree-holder with reference to a decree of a civil Court or of purchaser in auction sales held in execution of a civil Court decree, change of registry may be made at once on the application of any of the parties to the suit or of the auction-purchaser and on the production of an authenticated copy of the decree or a certificate of sale, as the case may be, and a certificate of delivery of possession in pursuance thereof, provided the transfer is from the registered owner. When the transfer is from a person who is not the registered owner, notice shall be given to the registered owner in the manner provided in sub-rule (2) before a change of registry is made. Where, however, a certificate of delivery of possession cannot be produced, as for instance, where on decree passed possession is conceded without execution proceedings and the decree is apparently final, the case shall be dealt with as provided in sub-rule (2) in regard to application for change of registry presented only by one of the parties of the transfer.(c)In cases where transfer of registry is sought under a declaratory decree on which no execution can be taken out, namely, where the decree merely declares the title to be vested in a particular person, so as to entitle him to registration, the executive authority may, on the production of any authenticated copy of such decree, at once, make the transfer of registry.(d)(1) The executive authority may, on production of satisfactory proof, order transfer of registry in the case of transfers which accrue by succession.(2)There shall be an appeal to the village panchayat against, the order of the executive authority under the rule making or refusing to make a transfer of registry. Such appeal shall be presented within thirty days after the date of receipt of the order appealed against.
