In a significant ruling, the Jammu and Kashmir High Court has declared that any oral gift of agrarian land without prior approval under Section 31 of the J&K Agrarian Reforms Act, 1976, is legally void. The court emphasized that mutation based on such a gift must be re-examined and corrected according to the law.
This judgment came in the matter of Saja Begum vs Financial Commissioner Revenue J&K Govt. & Others, where the petitioner had challenged a writ court order that had invalidated the decision of the Financial Commissioner, which earlier had cancelled a mutation based on an oral gift.
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The division bench, comprising Justice Sanjeev Kumar and Justice Sanjay Parihar, overruled the writ court’s decision and restored the Financial Commissioner’s order. The court made it clear that the Agrarian Reforms Act overrides the earlier Alienation of Land Act, 1995, particularly due to Section 42, which nullifies conflicting provisions of the earlier law.
"The gift was not valid without the permission of competent authority. The requirement under Section 31 is mandatory, not a mere formality,"
— J&K High Court
The court pointed out that oral gifts, although not barred under Muslim law or the Transfer of Property Act, cannot override the mandatory requirements of the Agrarian Reforms Act, 1976, especially Section 31 and Rule 60. The court stressed that these provisions were enacted to safeguard land redistribution policies and the rights of tillers.
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Further, the court rejected the argument that the revision petition was time-barred, stating that illegality in land transfer cannot be validated by limitation.
"Once a transfer is legally prohibited, limitation cannot cure it. The Financial Commissioner acted rightly within revisional powers,"
— J&K High Court
Background of the Case
In 1996, Mst. Mugli had allegedly gifted 22 kanals and 13 marlas of agrarian land orally to her son. After her death in 2015, the land was mutated in 2017 in favor of all legal heirs. One of the daughters, the appellant, challenged the mutation, citing violation of Standing Order 23-A and the Agrarian Reforms Act, arguing that such a gift was illegal without official approval.
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The Financial Commissioner agreed in 2022 and cancelled the mutation. However, the son approached the writ court, which set aside the Financial Commissioner’s decision. Later, in a Letters Patent Appeal, the High Court restored the Commissioner’s order and directed authorities to re-examine the mutation.
"Revenue officials are to conduct a fresh inquiry into the impugned mutation and recast it in compliance with Rule 60,"
— J&K High Court
Legal Representation:
- M. Amin Khan, Advocate for the Petitioner
- Javid Ahmad Parray, Advocate for the Respondents
Case-Title: Saja Begum vs Financial Commissioner Revenue J&K Govt.& Ors, 2025
