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1 - 10 of 13 (0.20 seconds)Section 5 in The Transfer Of Property Act, 1882 [Entire Act]
Section 15 in The Transfer Of Property Act, 1882 [Entire Act]
The Transfer Of Property Act, 1882
Section 32 in The Transfer Of Property Act, 1882 [Entire Act]
Panna Devi vs The State Of Bihar & Ors on 11 May, 2010
(10) From perusal of the judgment of Full Bench of this
Court rendered in Panna Devi case, it appears that the matter was
referred to the Full Bench after doubting the correctness of the law
laid down in Ramraji Sharma and other case(supra) in which it has
been held that of course in view of the provisions of Section 5 of
Consolidation Act, the deed shall be deemed to be void for the
purpose of Consolidation Act but the deed shall be binding inter se for
the parties when the same is executed in pursuance of Transfer of
Property Act and the Registration Act and the Full Bench held that in
Patna High Court CWJC No.13116 of 1992 dt.22-02-2018
10
view of the provisions as contained in Section 5 and 32 of the
Consolidation Act any deed of transfer by way of sale deed, gift,
exchange shall be void but this question has not come up for
consideration before the Full Bench directly that how far and till what
stage restriction of Section 5 shall continue either till the completion
of record of rights under Section 14 and transfer of certificates under
Section 15 of the Consolidation Act or till the issuance of notification
under Section 26-A of the Consolidation Act and this point has been
considered by a Division Bench of this Court in Kamla Devi case and
it is held that requirement of Section 5 of the Consolidation Act is till
the preparation and publication of record of rights under Section 14 of
the Consolidation Act and not till the publication for completion of
consolidation proceeding. Therefore, I do not find any illegality in the
order of the Collector contained in Annexure-1.