(1) Notwithstanding anything contained in any law for the time being in force but subject to the provisions of this Chapter—
(a) Where any land, held by an individual in personal cultivation whether as owner or as tenant or otherwise, was in excess of the ceiling area on the first day of September, 1971, the rights, title and interest of such individual in the excess land shall be deemed to have vested in the 1[Union territory of Jammu and Kashmir], free from all encumbrances, on the first day of May, 1973 ;
(b) Where aggregate land held in personal cultivation by the members of a family, whether jointly or severally, as owners or as tenants or otherwise, was in excess of the ceiling area on the first day of September, 1971, the rights, title and interest of such members in the excess land shall be deemed to have vested in the 1[Union territory of Jammu and Kashmir], free from all encumbrances, on the first day of May, 1973.
(2) Such individual or the head of such family, as the case may be, shall have the option of selecting, in such manner and subject to such conditions, as may be prescribed, the land such individual or family desires to retain with himself or itself, as the case may be, within the limits provided for by this Act, but no land in a demarcated forest shall be so selected :
Provided that the selection made from the holdings of different members of a family shall be proportionate to the area of land held by each member of the family, unless the wife and the husband agree otherwise.
(a) Where any land, held by an individual in personal cultivation whether as owner or as tenant or otherwise, was in excess of the ceiling area on the first day of September, 1971, the rights, title and interest of such individual in the excess land shall be deemed to have vested in the 1[Union territory of Jammu and Kashmir], free from all encumbrances, on the first day of May, 1973 ;
(b) Where aggregate land held in personal cultivation by the members of a family, whether jointly or severally, as owners or as tenants or otherwise, was in excess of the ceiling area on the first day of September, 1971, the rights, title and interest of such members in the excess land shall be deemed to have vested in the 1[Union territory of Jammu and Kashmir], free from all encumbrances, on the first day of May, 1973.
(2) Such individual or the head of such family, as the case may be, shall have the option of selecting, in such manner and subject to such conditions, as may be prescribed, the land such individual or family desires to retain with himself or itself, as the case may be, within the limits provided for by this Act, but no land in a demarcated forest shall be so selected :
Provided that the selection made from the holdings of different members of a family shall be proportionate to the area of land held by each member of the family, unless the wife and the husband agree otherwise.
Source footnotes
1. Substituted for “State” by S.O. 3808 (E) of 2020 dated 26.10.2020.आगे पढ़ें / Continue reading
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Exceptions.Section 3-A · 3-ASection 4 · Vesting in the Union territory of Jammu and Kashmir of rights in land not held in personal cultivation.Section 4-A · Cancellation of mutation.Section 6 · Vesting of dwelling house and of the site thereunder and land appurtenant thereto in the Union territory of Jammu and Kashmir in certain cases.Section 7 · Resumption for bona fide personal cultivation by ex-landlord.India Code, Government of India. Text fetched 11 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.