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State of Bihar - Section

Section 24 in Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949

24. Registration of certain transfers of raiyati holdings.

(1)When a raiyati holding or any portion thereof is transferred by sale, gift, will or exchange in accordance with the provisions of this Act and the record-of - rights, the transferee or his successor in title may cues the transfer to be registered in the office of the landlord of the village.
(2)Notwithstanding anything to the contrary contained in the record-of right or any law or anything having the force of law in the Santal Pargana, the landlord shall allow the registration of such transfers, and shall not be entitled, except in the case of a transfer by sale, gift or will, to levy any registration fee. In the case of a transfer by sale, gift or will, the landlord shall be entitled to levy a registration fee of the following amount,namely,-
(a)when rent is payable in respect of the holding or portion, a fee of two per centum on the annual rent thereof: Provided that such fee shall not be less than eight annas or more than fifty rupees; and
(b)When rent is not payable in respect of the holding or portion, a fee of one rupee:
Provided that a gift to the husband or wife of the donor to a son adopted under the Hindu Law, or the daughter, sister, adopted son or adopted daughter of the donor under the Santal Law, or to a relation by consanguinity within three degrees of such shall not require any registration fee to be paid to the landlord.
(3)If any landlord refuses to allow the registration of any such transfer as is mentioned in sub-section (1), the transferee or his successor in the little may apply to the Deputy Commissioner and the Deputy Commissioner shall thereupon, after causing notice to be served on the landlord, make such enquiry as he considers necessary, and shall, if he is satisfied that the transfer is not contrary to the provisions of this Act or the record-of-right, pass an order declaring that the transfer shall be deemed to be registered, and may also pass order as he thinks fit in respect of the costs of any such enquiry.