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Section 88: On confirmation of sale possession and certificate to be granted to purchaser.

The Jammu and Kashmir Land Revenue Act, 1996 (1939 A.d.)Union territory Act of Jammu and Kashmir · Act 12 of 1966

(1) After a sale has been confirmed in the manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the property sold and shall grant him a certificate to the effect that he has purchased that property.

(2) The certificate shall state whether or not the property was sold for the recovery of an arrear due in respect thereof, and, if it was so sold, shall set forth the encumbrances, grants, contracts and rights of occupancy, if any, specified in the proclamation of the sale [x x x].

(3) The certificate shall be deemed to be valid transfer of the property and need not be registered.

(4) No suits shall be maintained against any person claiming title under a purchase certified by the Collector on the ground that the purchase was made on behalf of the plaintiff or on behalf of someone through whom the plaintiff claims.

Nothing in this sub-section shall bar a suit to obtain a declaration that the name of the purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser or interfere with the right of a third person to proceed against that property though ostensibly sold to the certified purchaser on the ground that it is liable to satisfy a claim of such third person against the real owner.

(5) The certified purchaser of any immoveable property shall be entitled to all rents and profits falling due in respect of the property after the date of the confirmation of the sale and be liable, [x x x] rates and falling due in respect thereof after that date.

Where this provision sits

ActThe Jammu and Kashmir Land Revenue Act, 1996 (1939 A.d.)
Section88
Marginal noteOn confirmation of sale possession and certificate to be granted to purchaser.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • omitted, Act X of 2005. Deleted by Act X of 2005, s.11.

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