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Section 3: Property Rights in the form of dwelling space.

The Jammu and Kashmir Property Rights to Slum Dwellers Act, 2012Union territory Act of Jammu and Kashmir · Act 11 of 2012

(1) Notwithstanding anything contained in any law for the time being in force, every landless person [x x x x x] and lives in a slum area in any city or urban area as on 01-01-2010 shall be entitled to a dwelling house at an affordable cost.

Explanation :–– For the purpose of this sub-section the dwelling house shall be of a minimum twenty five square meter carpet area, or where land is being allotted, the allotment shall be of a minimum area so as to allow a construction of a dwelling house of minimum twenty-five square meter carpet area.

(2) Every slum dweller eligible as per sub-section (1) shall be given a legal document of entitlement.

Explanation :–– For the purpose of this sub-section, the legal title to the dwelling space shall be in the name of the male or female head of the household or in the joint name of the male head of the household and his wife :

Provided that where slum redevelopment is carried out or proposed to be carried out with the slum dwellers acting as a collective, then the entitlement may be given to the registered Co-operative/Association/ Society, as the case may be of the slum dwellers, wherein the slum dwellers shall individually have membership rights in such registered Cooperative/ Association/Society. [x x x x].

(3) The Legal entitlement to the dwelling space shall be in the name of the male or female head of the household or in the joint name of the male head of the household and his wife.

(4) Until the site for the dwelling space has been identified or developed, as the case may be, every eligible slum dweller shall be issued a document of intent to allot and shall not, irrespective of his land tenure status, be evicted from that slum area.

(5) Every slum dweller eligible under sub-section (3) shall be provided with basic civic services until the site for the dwelling space has been developed.

(6) The dwelling space so provided under sub-section (1) shall not be transferable by sub-lease, sale, gift, mortgage or any other manner whatsoever except by inheritance, without the permission of the Government before a period of ten years from the date of allotment of the said dwelling space :

Provided that the dwelling space so allotted can be mortgaged for the purpose of raising finance in the form of a housing loan from any accredited financial institution for repayment of the cost of construction of the dwelling house.

(7) If any slum dweller to whom the dwelling space has been provided, transfers such dwelling space in contravention of the provisions of sub-section (5), the following consequences shall ensue, namely : ––

(a) the allotment shall stand automatically cancelled on the date of such transfer ;

(b) such transfer shall be null and void ;

(c) no ownership or occupancy rights shall accrue to the transferee of such dwelling space ;

(d) the authorized officer on the directions of the City/District Slum Area Redevelopment Committee shall dispossess the person who is in actual possession of such dwelling space if or when such transfer comes to its notice.

(8) Notwithstanding anything contained in [the Registration Act, 1908 (16 of 1908)], no officer empowered to register documents there under shall admit for registration any document which purports to contravene the provisions of sub-section (5).

Where this provision sits

ActThe Jammu and Kashmir Property Rights to Slum Dwellers Act, 2012
Section3
Marginal noteProperty Rights in the form of dwelling space.
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. . Words omitted by S.O. 1229(E) dated 31.03.2020.
  • omitted. . Proviso omitted ibid.
  • substituted. . Substituted by S.O. 1229(E) dated 31.03.2020 for “the Jammu and Kashmir Registration Act, 1977”.

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