Certain Transactions to be declared void
Certain Transactions to be declared void is official Land Reforms guidance explaining when transfers and subdivisions of land are void and how transferred land is included within a landowner’s ceiling area or declared surplus. The supplied text does not identify the issuing department, an order number or an issue date, but states that Section 22 was amended by Act 11/96 following a Supreme Court ruling.
What the guidance covers
The official Land Reforms guidance titled Certain Transactions to be declared void addresses transfers made by a landowner during two periods. The supplied text does not name the issuing department or provide an order number or issue date.
The guidance covers transfers by sale, gift, exchange, surrender, settlement or any other manner. It also addresses subdivisions by partition or otherwise for the later period.
Transfers from 15.2.70 to 2.10.70
Section 22 applies to transactions effected after 15.2.1970 but before 2.10.1970. The guidance states that these transactions are void.
Section 22 was amended by Act 11/96 based on the Supreme Court ruling in Authorised Officer, Thanjavur vs S. Naganatha Ayyar (1980) I MLJ 34 (SC). According to the guidance, whether a transfer or partition is bona fide or not, it is treated as defeating the provisions of the Act and must be declared void.
The treatment of transferred land is described as follows:
- If the transferred extent is within the ceiling area, it is included in that area as if the transfer or partition had not taken place.
- If the transferred extent exceeds the ceiling area, land is included according to an order of preference.
- First preference is land transferred to a person who was landless immediately before the transfer and was not related to the landowner or other family members.
- The next preferences are land transferred to the cultivating tenant who was cultivating it immediately before the transfer, land transferred to an unrelated person, and land transferred to others.
Transfers from 2.10.70 to publication under 18(1)
Section 23 applies to transactions made on or after 2.10.1970 and before publication of a notification under subsection (1) of section 18. A transfer or subdivision during that period is void and is deemed to have been void.
- If the transferred extent is within the ceiling limit, it is included within the ceiling area.
- If transfers exceed the ceiling limit, transferred land is kept within the ceiling area starting with the earliest transfer from 15.2.70 and continuing in chronological order.
- Land that cannot be accommodated within the ceiling limit is declared surplus.
Who may be affected
The guidance may affect landowners, buyers, recipients of gifts or settlements, exchange parties, cultivating tenants and people receiving land through partition. A transaction falling within either stated period may not remove the land from the landowner’s ceiling calculation.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Is a sale made between 15.2.1970 and 2.10.1970 valid for land ceiling purposes?
The guidance states that a transaction effected after 15.2.1970 but before 2.10.1970 is void under Section 22. The land is dealt with as if the transfer or partition had not taken place.
Does the rule cover gifts, settlements and partitions as well as sales?
Yes. The guidance covers transfers by sale, gift, exchange, surrender, settlement or otherwise. For the period governed by Section 23, it also expressly covers subdivisions by partition or otherwise.
Does it matter whether a transfer between 15.2.1970 and 2.10.1970 was genuine?
No distinction is made on that basis. The guidance states that whether the transfer or partition is bona fide or not, it is construed as defeating the provisions of the Act and must be declared void.
What happens when transferred land exceeds the ceiling limit?
For transfers covered by Section 23, land is kept within the ceiling area beginning with the earliest transfer and proceeding chronologically. Land that cannot be accommodated within the ceiling limit is declared surplus.
