Section 138 of Transfer of Property Act - Transfer of immovable property after due registration

Section 138 Transfer of Property Act Description

(1) No transfer of immovable property, except in a case governed by any special law to the country, shall be valid unless and until it is in writing registered and [the registration thereof has been completed in accordance with sub-section (3) of section 61 of the Registration Act, 1977.]

(2) No Court shall entertain a suit for pre-emption in respect of transfer of any such immovable property unless the transfer complies with the provision of sub-section (1).

(3) No person shall take possession of, or commence to build or build on, any land in the Province of Kashmir which has been transferred or has been contracted to be transferred to him unless and until such transfer becomes valid under the provision of sub-section (1).

(4) No person who has obtained a transfer of immovable property referred to in sub-section (1) shall apply for and obtain from any Revenue or Settlement Officer or Court any alteration in any existing entry in any Settlement Record or paper, unless such person produces before such officer or Court a duly executed registered instrument [the registration whereof has been completed in the manner specified in subsection (1)].

And no such officer or Court shall alter or cause to be altered any such entry except upon the production of an instrument registered [in the aforesaid manner] :

Provided that nothing in this section applies to a lease of agricultural land for one year or to a lease of any other land for a period not exceeding seven years :

Provided also that nothing in sub-sections (3) and (4) shall be deemed to apply to transfers by will or by any rule of intestate succession or by the operation of the law of survivorship.

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