Oral Gift of Agrarian Land Without Approval is Void Under Section 31 of Agrarian Reforms Act: J&K High Court

Oral Gift of Agrarian Land Without Approval is Void Under Section 31 of Agrarian Reforms Act: J&K High Court

  • Case Name: Saja Begum vs Financial Commissioner Revenue J&K Govt.& Ors

The Jammu & Kashmir and Ladakh High Court ruled that an oral gift of agrarian land is void if it lacks approval under Section 31 of the Agrarian Reforms Act, 1976. 

Justice Kazmi held that this statutory requirement overrides general provisions under the Transfer of Property Act, 1882, and the Registration Act, 1908.

Even if possession is handed orally, the absence of this statutory approval means the transfer has no legal standing/invalid.

The Court further directed that any mutation entry (change of ownership record) based on such an unapproved oral gift must be reversed. 

Read Judgement / 6 months ago

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