Section 139State of Jammu-Kashmir Act

Section 139: Saving of certain Regulations, Hidayat, Resolution etc

Transfer of Property Act, 1977

Saving of certain Regulations, Hidayat, Resolution etc.

(1)

Nothing in this Act shall affect any Regulation, Hidayat, Resolution, Ailan, Rule or valid custom now in force restricting and regulating transfer of immovable property in any part of the Jammu and Kashmir State or any right therein, or confer any right, or rights of transfer expressly taken away or restricted by any such enactment.

(2)

In particular and without prejudice to the generality of the provisions of sub-section (1) the restrictions and rules contained in the following shall be observed :-

(i)

No. 104 of 1893.

(ii)

State Council Resolution No. 17 of 22nd June, 1895.

(iii)

State Council Resolution No. 9 of 12th October, 1895.

(iv)

State Council Resolution No. 52 of 9th October, 1897.

(v)

Ailan No. 18 of 3rd Poh, 1964.

(vi)

Hidayat under section 73 regarding alienation sanctioned by his Highness and conveyed under Chief Minister's letter No. 2301 of 21st July, 1916.

(vii)

Hidayat No. 185/298 of 24th Magh, 1973.

(viii)

State Council Resolution No. 37 of 24th August, 1896.

(ix)

Ailan No. 9 of 13th Assuj, 1963.

(x)

Ailan No. 4 of 18th Baisakh, 1975.

(xi)

State Council Resolution No. 2 of 29th October, 1903.

(xii)

State Council Resolution No. 18 of 21st August, 1905.

(xiii)

State Council Resolution No. 48 of 30th December, 1898.

(xiv)

Chief Minister's letter No. 9470 of 11th November, 1909 about transfers of land in Mirpur.

(xv)

Chief Minister's letter No. 280 of 26th April, 1915, about transfers of agricultural lands in the Tehsils of Mirpur, Bhimber and Sri Ranbirsingpura in the Province of Jammu ; (tentative)

(xvi)

S. C. R. No. 48 of 27th March, 1893.

(xvii)

S. C. R. No. 36 of 10th February, 1903.

(xviii)

Irshad dated 29th Maghar, 1943.

(xix)

Irshad dated 23rd Magh, 1962

(xx)

Irshad No. 742/613 dated 10th Phagan, 1958.

(xxi)

Irshad No. 276 dated 17th Chet, 1947.

(xxii)

Irshad No. 258/278 dated 22nd Maghar, 1957.

(xxiii)

Irshad dated 15th Baisakh, 1966.

(xxiv)

Irshad of 27th Poh, 1951.

(xxv)

Irshad No. 13 of 18th Chet, 1949.

(xxvi)

S.C.R. No 50 dated 7th September, 1900.

(xxvii)

Irshad No. 151/258 dated 27th Sawan, 1972.

(xxviii)

Irshad No. 760/2076 dated 4th Phagan, 1974.

(xxix)

Irshad No. 254/23 dated 24th Sawan, 1973.

(xxx)

Irshad of 19th Baisakh, 1966.

(xxxi)

Hidayat (Settlement Department) of 1966.

(xxxii)

Irshad of 2nd Bhadon, 1970.

(xxxiii)

Irshad of 30th Jeth, 1968.

(xxxiv)

Ailan No. 11 of 24th August, 1896.

[Nothing in any of the following provisions of this Act, namely:-Saving clause. - Sections 3, 4, 9, 10, 15, 18, 19, 27, 30, clause (c) of section 31, sections 32, 33, 34, 35, 46, 52, 55, 57, 58, 59, 61 and 62 shall be deemed in any way to effect:-

(a)

the terms or incidents of any transfer of property made or effected before the date of enforcement of the Transfer of Property (Amendment) Act, 1996.

(b)

the validity, invalidity, effect or consequences of anything already done or suffered before the aforesaid date ;

(c)

any right, title, obligation or liability already acquired, accrued or incurred before such date ; or

(d)

any remedy or proceeding in respect of such right, title, obligation or liability ;

and nothing in any other provision of this Act shall render invalid or in any way affect anything already done before such date as aforesaid in any proceeding pending in a Court on that date; and any such remedy and any such proceeding as is herein referred to may be endorsed, instituted or continued , as the case may be, as if this Act had not been passed.] [Saving clause to section 139 added by Act VI of Samvat 1996.]The Schedule-Omitted.

Sec 138 — Transfer of immovable property after due registration

Sec 140 — [ Exemptions of certain instruments from restriction imposed on transfer of immovable property. [Section 140 substituted by Act XXVI of 1961. It was inserted by Act XX of 1961 A. D.]

Disclaimer: This section is reproduced for general informational and reference purposes only. Always verify against the latest official gazette and consult a qualified advocate before relying on any provision.