Obligations of transferor and transferee who have received advantage under null and void transfers

(1)(a) Where a transfer of immovable property is null and void under section 4, the transferor who has received any consideration for such transfer shall return the consideration to the transferee-

(i) where such transfer is made before the date of commencement of this Act, within six months from the date of such commencement, or

(ii) where such transfer is made after the date of such commencement, within six months from the date of such transfer.

(b) The transferee or any other person on whose behalf of such transferee (hereinafter in this section referred to as the ‘agent’) has possession of such immovable property shall restore the property to the transferor within the said period of six months.

(c) The transferee shall not make any improvement in the property and the competent authority may, by an order, restrain the transferee to make any improvement in the property.

(2) (a)Where a transferor fails to return the consideration to the transferee within the said period of six months, or

(b) Where a transferee or his agent fails to restore possession of the immovable property to the transferor within the said period of six months, the transferor in case of clause (a) of sub-section (1) and the transferee in case of clause (b) of sub-section (1) may make an application in such form and within such period as may be prescribed, to the competent authority for making an order directing the transferor to return the consideration to the transferee or, as the case may be, directing the transferee to restore possession of the immovable property to the transferor.

(3) The competent authority may at any time suo motu or on application made to him under sub-section (2), shall, after making a formal inquiry in the prescribed manner and after giving the transferor and the transferee or, as the case may be, his agent an opportunity of being heard and after considering any evidence which may be produced, make an order in writing directing the transferor to return such consideration to the transferee within such time as may be specified in the order or, as the case may be, an order in writing directing the transferee or his agent to restore the possession of the immovable property to the transferor within such time not beyond the three months as may be specified in the order or make such other order as he deems fit.

(4)(a) Where the transferor fails to return the consideration to the transferee within the time specified in the order made under sub-section (3), the competent authority may recover the consideration from the transferor as an arrear of land revenue and pay the same to the transferee after deducting the expenses for such recovery.

(b) Where the transferee or his agent fails to restore possession of the immovable property within the time specified in the order made under sub-section (3), the competent authority may, notwithstanding anything to the contrary contained in any law for the time being in force, evict the transferee or his agent from the immovable property and take possession of such property and may, for such purpose use or cause to be used such force as may be necessary, and restore the possession of such property to the transferor.

(5) Where a transferor fails to take possession of such property, the property shall temporarily be in the custody of the competent authority and the competent authority may take such measures as he considers necessary or expedient for securing and managing such property subject to the provision of the rules made in this behalf until the said property is disposed of by the competent authority in the manner as may be prescribed.