(e) After confirmation of refugee status, family affidavit is to be obtained from the head of the families. Specimen for Affidavits is placed hereinafter. Specimen-1 is for legal heirs of the original allottee (ANNEX-41).Specimen-2 is for squatters in G.S. and squatters colonies (ANNEX-42).
In case of the death of the original allottee, the family member/members of the deceased allottee exercising possession over the subject plot & otherwise eligible for rehabilitation benefits and desiring to receive the deed jointly or separately by way of bifurcation according to occupation of the plot should also submit affidavits stating the clear picture of their amicable settlement regarding the said plot. In that case, a partition plan of the concerned plot is to be submitted with the signature of all the shareholders.
(f) Plot-holders should execute such affidavits normally before the departmental officers duly empowered as Special Executive Magistrate by Home (P & AR) Department under Section 21 of Cr. P.C. However, these powers are limited and do not include the Magisterial powers required for law and order duties.
(g) After all such formalities are over; deeds are to be written in separate forms e.g.
(i) Urban-acquired gift deed.
(ii) Urban-acquired lease gift deed.
(iii) Rural-acquired gift deed.
(iv) Rural-acquired lease gift deed.
Previously, in some G.S. colonies and old squatters’ colonies (149-group), lease hold right was given for 99 years.
In G. O. nos. 4625-Rehab/18R-7/81 (part), dt. 1.1.86, 5962 (65)-Rehab 18R-8/87 dt. 8.12.88 and 3839-Rehab/18R-9/87 dt. 14.11.90, guidelines has been provided for conferment of right and title to the plots where lease deeds were issued earlier. (ANNEX- 45, 37, 33).
Deeds must be completed in all respects and the land schedule is to be verified by the technical personnel. After signature by the competent authority on behalf of the Governor of West Bengal the deeds are ready for registration.
In exercise of the power conferred by Sub-Section (1) of section 7 of the Registration Act 1908, temporary Registration Offices within the districts/Sub-districts have been established and the departmental officers have been empowered as Additional District Registrars for the purpose of registration of lease-deeds/free-hold deeds for conferment of rights and title on displaced persons over homestead plots/and/or agricultural plots of land as recorded in cadastral/revisional survey/Lat number in G.S. colonies and squatters’ colonies in urban and rural areas.
A specimen copy of Notification has been annexed at 53.
(h) The refugee families awaiting rehabilitation are not required to pay for stamp duty and registration fee for execution of instruments or documents, conveyance or reconveyance deeds if and when sponsored by the State Government in R. R. & R. department Memo No. 2826 (68)-Rehab-1/18R-21/81; dt. 10.5.1984 (ANNEX-47).
(i) After completion of registration and post-registration work deeds are distributed. Deeds may be distributed to the beneficiaries after fixing a date with the
