(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 1[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 2[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 2[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 2[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 2[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 2[Custodian General] may confirm the transfer either unconditionally or subject to such terms and conditions as he thinks fit to impose.
3[(5) The 2[Government] shall, before making any order under this section, obtain the approval of 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 2[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 2[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 2[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 2[Custodian General] may confirm the transfer either unconditionally or subject to such terms and conditions as he thinks fit to impose.
3[(5) The 2[Government] shall, before making any order under this section, obtain the approval of the Custodian General].
Source footnotes
1. Substituted for “Jammu and Kashmir Government Gazette” by S.O. 3808 (E) dated 26.10.2020.2. Substituted by Act XIX of 1987, s. 6.
3. Sub-section (5) inserted by Act XXXII of 1974, s. 4.
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Act to override other laws.Section 3-A · Appointment of Custodian General and Deputy Custodian General.Section 4 · Custodians and their rights, powers, duties and liabilities, appointment of Custodians, etc.Section 4-A · Appointment of staff.Section 4-B · Powers of the Minister Incharge to make transfers.Section 5 · Vesting of evacuee property in the Custodian.India Code, Government of India. Text fetched 15 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.