Strictly Private and Confidential Draft for discussion purposes ... - Delhi

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlyadjudication by the Tribunal, no survey entry shall be converted into a provisional titlerecord.(5) Provided further that the provisional title record in the register of titles shall be a primafacie evidence of ownership of the immovable property.24. Challenge and Challenge PeriodAny person claiming to be the bona fide owner of or having any other rights or interestsin such immovable property in a notified area may challenge, the provisional title recordcreated under section 23 sub-section (2) or section 23 sub-section (4), by an applicationfiled before the Tribunal, in the manner prescribed. Provided that the period available forsuch challenge shall commence from the date of the creation of the provisional titlerecord , till the expiry of the tenth year from the time of notification of such area undersub-section (1) of section 20 , subject to notification of completion of recordal of thesurvey entry under section 21 sub-section (3), with respect to the said notified area. 425. Conclusive Title RecordIf the provisional title record is not challenged within the challenge period providedunder section 23 or section 24 or the Tribunal on an application made to it under the saidsections passes final order declaring the title with respect to such immovable propertywithin the said challenge period, then the Registrar shall upon expiry of the challengeperiod, convert provisional title record into the conclusive title record or shall make thechanges in the entry in accordance with the final orders passed by Tribunal as the casemay be. Subject to Section 41, the provisional title record or the survey entry shall beconverted to a conclusive title record under this Act for the immovable property.Provided that no title to the immovable property shall be registered and recorded as aconclusive title record in respect of ownership of an immovable property, unless thetransition period and challenge period provided under section 23 and section 24 haveexpired and no dispute is pending with respect to the said immovable property andregistered in the register of title. However, pending such dispute the registered ownershall continue to have provisional title record with respect to such immovable property.Provided further that prior to the registration and recordal of a title as a conclusive titlerecord under this Act, the remedies available under law shall continue.]Provided also that, notwithstanding anything contained in this Act, the Registrar shall notrecord and register in favor of any person any immovable property, which constitutes:(a)(b)(c)immovable property notified for acquisition under the Land Acquisition Act,1894;public land;all such lands as notified by the government from time to time.4 Note to Draft: The procedure for updating or revision of a provisional title within the 7 year period, shallbe distinguished from the procedure prescribed by the rules for challenge under section 24 (to beadjudicated by the Tribunal) of the provisional title.22