Section 95 of The Punjab Land-Revenue Act, 1887 in hindi — On confirmation of sale, possession and certificate to be granted to purchaser
Bare section text
Official Legislative Text
- (1)After a sale has been confirmed in manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the property sold, and shall grant him a certificate to the effect that he has purchased that property.
- (2)The certificate shall state whether or not the property was sold for the recovery of an arrear due in respect thereof, and if it was so sold, shall set forth the incumbrances, grants, contracts and rights of occupancy, if any, specified in the proclamation of the sale as specially saved by order of the Financial Commissioner under section 76, sub-section (2) , clause (c).
- (3)The certificate shall be deemed to be a valid transfer of the property but need not to be registered as a conveyance.
- (4)Any suit brought in any Court against the certified purchaser on the ground that the purchase was made on behalf of a person other than the certified purchaser shall be dismissed with costs.
- (5)The certified purchaser of any immovable property shall be entitled to all rents and profits falling due in respect of the property after the date of the confirmation of the sale and be liable for all instalments of land-revenue and rates and cesses falling due in respect thereof after that date.
Educational Study Layer
Summary
- This section outlines the final steps after a property is sold to recover debts, focusing on giving the buyer legal possession and a certificate.
- The Collector is required to place the new buyer in actual physical possession of the property once the sale is confirmed.
- The Collector must grant the buyer a purchase certificate that notes if the sale was for unpaid revenue and lists any saved legal encumbrances.
- This issued certificate acts as a fully valid transfer of the property and legally does not require standard registration.
- Any lawsuit trying to claim the official buyer actually purchased the property secretly on behalf of someone else will be dismissed and the person suing will have to pay costs.
- The new certified buyer gains the right to collect all future rents and takes on the duty to pay future land taxes.
Practical examples
FAQ
1. What document does a buyer receive under Section 95 of The Punjab Land-Revenue Act, 1887?
Under Section 95 of The Punjab Land-Revenue Act, 1887, the Collector must give the buyer a certificate stating they have purchased the property.
2. Does the purchase certificate need to be registered under Section 95 of the Punjab land revenue law?
No, Section 95 of The Punjab Land-Revenue Act, 1887 clearly states that the certificate is a valid transfer and does not need to be registered as a normal conveyance.
3. Can a secret partner sue the buyer under Section 95 of the Act?
No, Section 95 of The Punjab Land-Revenue Act, 1887 states that any lawsuit claiming the purchase was made on behalf of someone other than the certified purchaser must be dismissed with costs.
4. Who gets the rent after the sale under Section 95 of the Act?
According to Section 95 of The Punjab Land-Revenue Act, 1887, the certified purchaser is entitled to all rents and profits falling due after the date the sale is confirmed.
Practice Quiz
Q1.What specific detail must be included in the certificate if the property was sold for unpaid revenue, according to Section 95 of The Punjab Land-Revenue Act, 1887?
Q2.Under Section 95 of The Punjab Land-Revenue Act, 1887, what happens if someone files a suit claiming the certified purchaser bought the land on their behalf?
Q3.According to Section 95 of The Punjab Land-Revenue Act, 1887, when does the new purchaser become liable for land revenue installments?
Q4.Does a purchase certificate issued under Section 95 of The Punjab Land-Revenue Act, 1887 require formal registration to be valid?