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Section 25: Restriction on transfer by evacuee.

The Jammu and Kashmir State Evacuees’ (Administration of Property) Act, 2006 (1949 A. D.)Union territory Act of Jammu and Kashmir · Act 6 of 2006

(1) No transfer of any right or interest in any evacuee property, made in any manner whatsoever by or on behalf of an evacuee after such date as may be specified in this behalf by the Government by notification in the [Official Gazette], shall be effective so as to confer any rights or remedies on the parties to such transfer or on any person claiming under them unless it is confirmed by the [Custodian General.]

(2) An application for confirmation of such transfer may be made by the transferor or the transferee or any person claiming under, or lawfully authorised by, either of them, to the [Custodian General] within two months from the date of registration of the deed of transfer or within two months from the commencement of this Act, whichever is later :

Provided that the [Custodian General] may, for sufficient reasons to be recorded, entertain the application even if it is made after the expiry of the aforesaid period.

(3) The [Custodian General] shall hold summary inquiry into the application in the prescribed manner, and may reject the application if he is of opinion that—

(a) the transaction has not been entered into in good faith or for valuable consideration, or

(b) the transaction is prohibited under any law for the time being in force, or

(c) the transaction ought not to be confirmed for any other reason.

(4) If the application is not rejected under sub-section (3), the [Custodian General] may confirm the transfer either unconditionally or subject to such terms and conditions as he thinks fit to impose.

[(5) The [Government] shall, before making any order under this section, obtain the approval of the Custodian General].

Where this provision sits

ActThe Jammu and Kashmir State Evacuees’ (Administration of Property) Act, 2006 (1949 A. D.)
Section25
Marginal noteRestriction on transfer by evacuee.
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.

  • substituted. . Substituted for “Jammu and Kashmir Government Gazette” by S.O. 3808 (E) dated 26.10.2020.
  • substituted, Act XIX of 1987. . Substituted by Act XIX of 1987, s. 6.
  • inserted, Act XXXII of 1974. . Sub-section (5) inserted by Act XXXII of 1974, s. 4.

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