Notwithstanding anything to the contrary contained in any other law for the time being in force––
(a) alienation of immovable property of a migrant by act of parties or a decree or order of a court or of a revenue officer except under such conditions as may be prescribed and with previous permission of Revenue and Relief Minister, or such officer as may be authorised by him in this behalf, is forbidden :
Provided that no such permission shall be necessary in case of a mortgage without possession of such immovable property in favour of an institution mentioned in 1[section 4-A of the Jammu and Kashmir Alienation of Land Act, Samvat 1995] and transfer of the said immovable property in favour of Government of Jammu and Kashmir :
Provided further that the permission to alienate shall be deemed to have been granted, if an application seeking permission for alienation of such property is not decided by the prescribed authority within fifteen days from the date of receipt of such application :
Provided also that the enquiry for the purposes of the grant of permission by the prescribed authority shall be limited to the question of sale being not distress ;
(b) any alienation of immovable property on or after the commencement of this Act, in contravention to the provisions thereof, shall be null and void and immovable property so alienated shall, after such enquiry as may be prescribed, vest in its owner ; and
(c) no document purporting to alienate such immovable property in contravention of the provisions of this section shall be admitted to registration.
(a) alienation of immovable property of a migrant by act of parties or a decree or order of a court or of a revenue officer except under such conditions as may be prescribed and with previous permission of Revenue and Relief Minister, or such officer as may be authorised by him in this behalf, is forbidden :
Provided that no such permission shall be necessary in case of a mortgage without possession of such immovable property in favour of an institution mentioned in 1[section 4-A of the Jammu and Kashmir Alienation of Land Act, Samvat 1995] and transfer of the said immovable property in favour of Government of Jammu and Kashmir :
Provided further that the permission to alienate shall be deemed to have been granted, if an application seeking permission for alienation of such property is not decided by the prescribed authority within fifteen days from the date of receipt of such application :
Provided also that the enquiry for the purposes of the grant of permission by the prescribed authority shall be limited to the question of sale being not distress ;
(b) any alienation of immovable property on or after the commencement of this Act, in contravention to the provisions thereof, shall be null and void and immovable property so alienated shall, after such enquiry as may be prescribed, vest in its owner ; and
(c) no document purporting to alienate such immovable property in contravention of the provisions of this section shall be admitted to registration.
Source footnotes
1. Now Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.आगे पढ़ें / Continue reading
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Next · Section 4Custody of immovable property. →All sections / सभी धाराएँTHE JAMMU AND KASHMIR MIGRANT IMMOVABLE PROPERTY (PRESERVATION, PROTECTION AND RESTRAINT ON DISTRESS SALES) ACT, 1997 →
More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 4 · Custody of immovable property.Section 5 · Eviction of unauthorised occupants.Section 6 · Implementation of the provisions of this Act.Section 7 · Appeal.Section 8 · Bar of jurisdiction of Civil Court.Section 9 · Indemnity.India Code, Government of India. Text fetched 13 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.