20. Procedure for the confirmation of transfers under Sec. 40.
(1) An application for confirmation under 1[sub-section (1) of Sec. 40] shall contain the following particulars, namely:
(a) Boundaries, Municipal number and location of the property and also khasra number in case of agricultural land.
(b) Particulars of transfer sought to be confirmed including the dates of the transfer and registration, if any, the addresses of the parties and the consideration paid or deferred.
(c) Particulars of any previous transfers in respect of the property.
(d) The name and address of the person in possession of the property transferred and the capacity in which such person is in possession.
(2) The application shall be verified in the manner prescribed in the Code of Civil Procedure, 1908, for verification of pleadings and shall be accompanied by a copy of the transfer-deed in question and also a schedule containing the particulars of any other property owned, possessed or transferred by the transferor after 1st March, 1947.
(3) The application shall be presented by the transferor or the transferee personally or by any person claiming under, or lawfully authorized by, either of them.
(4) The Custodian shall cause a notice in Form No. 7 to be served on the transferor or transferee, as the case may be, and may further cause a similar notice to be served on any person whom the Custodian considers to be interested in, or likely to be affected by, the result of the application.
(5) A public notice shall also be published in a daily newspaper at the expense of the applicant.
(6) If any application referred to in sub-rule (1) is pending on the date these rules came into force, the applicant may, within thirty days from such date or within such period as the Custodian may by order specify, amend his application so as to bring it in conformity with these rules and may also make up the deficiency, if any, in the fee leviable on such application :
Provided that the Custodian on sufficient cause being shown may extend the period prescribed by this sub-rule.
(7) In case the applicant fails to amend the application in accordance with sub-rule (6) the Custodian may dismiss the application or proceed to decide it on the material before him.
(8) After notices are served in accordance with the provisions of sub-rules (4) and (5) the Custodian shall after a summary enquiry proceed to determine the application.
(9) If a party making an application fails to appear on the date fixed when the case is called for hearing, the Custodian may dismiss the application for default or proceed to decide the application in the absence of the party, on the materials before him.
(10) Where the application is dismissed under sub-rule (9) the applicant shall be precluded from making a fresh application on the same facts with respect to the same property. But the applicant may apply within thirty days from the date the order of dismissal is communicated to him for an order setting aside the dismissal and the Custodian, if he is satisfied that there was sufficient cause for non-appearance when the case was called for hearing, shall make an order setting aside the order of dismissal upon such terms as he thinks fit and shall fix a date for proceeding with the application.
(11) The Custodian shall refuse to confirm any transfer which he has reasonable grounds to believe to be colourable or benami.
2[(12) Where any evacuee property is auctioned in pursuance of sub-clause (v) of Cl.(b) of sub-section (5) of Sec. 40 the transferee shall be permitted to bid at the auction and if his bid is accepted, the amount actually paid by the transferee as consideration for the property shall be set-off against any bid made by him at the auction :
Provided that if the amount bid by the transferee falls short of the amount actually paid by him he shall be entitled to any refund of the balance.]
1. Subs. by ibid.
2. Ins. by Notification No. S.R.O. 1673, dated 21 st May, 1954.