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Section 25: Restriction on transfer by evacuee

Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006Union territory Act of Ladakh · 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 Jammu and Kashmir Government 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.]

[25A. Restriction on transfer of the property. - (1) No property to which claim is established under section 8 or 14, whether possession thereof has been taken or not by the claimant, may be sold or disposed of in any manner whatsoever without the previous permission of the Government.

(2) Any person desirous of selling or disposing of the property referred to in sub-section (1) may apply in the prescribed manner to the Minister Incharge for grant of permission.

(3) The minister Incharge shall refer the application to the Deputy Commissioner of the district concerned who shall report the full facts through Custodian General and state whether :

(a) the transaction is being made 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 permission to the sale of the property has to be rejected for any other reason.

(4) If the application' is not rejected under sub-section (3), the Government may grant the permission subject to such terms and conditions as it thinks fit.]

Where this provision sits

ActJammu and Kashmir State Evacuees' (Administration of Property) Act, 2006
Section25
Marginal noteRestriction on transfer by evacuee
JurisdictionUnion territory of Ladakh
StatusIn force as published by the source

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