Transfer of religious places’ property

Revenue authorities asked not to register conveyance deeds
Representational Photo
Representational Photo

Jammu, July 26: J&K government has asked the revenue officers, notified as ‘Registering authorities’ to not to allow “transfer of property relating to religious places in contravention of any of the provisions of the Registration Act, 1908 and relevant laws.”

It has also directed that the cases, involving transfer of property in respect of religious places, “may be processed only before the Sub Registrar having

jurisdiction for registration of such property.”

The directions have been issued after it has been noted that some elements are “making desperate attempts to have the conveyance deeds relating to property of religious places registered outside the area of jurisdiction of the Sub Registrar” in contravention of the existing laws.

Commissioner Secretary Revenue Vijay Kumar Bidhuri, in a circular, stated, “The registration of documents in the erstwhile state of J&K was conducted by the judicial officers, a statutory function, now discharged by Sub Registrars in terms of the Registration Act, 1908, sequel to the creation of an independent Department of Registration under the Executive.”

“It has, however, been brought to the notice of the government that some elements are making desperate attempts to have the conveyance deeds relating to property of religious places registered outside the area of jurisdiction of the Sub Registrar in which the property is situated in contravention of the provisions of the Registration Act, 1908 and other relevant laws as to evade due scrutiny by the Sub Registrar concerned,” he added.

In this context, he mentioned the Order No 230 dated May 30, 2019 of the High Court of Jammu and Kashmir wherein the directions were issued for ensuring registration of conveyance deeds relating to property of any religious place in accordance with law.

“It is impressed upon all Judicial Officers of the state, vested with the powers of Registrars/Sub-Registrar(s) under the Jammu and Kashmir Registration Act 1998 (1941 A.D), not to register conveyance deeds relating to the property of any religious place in violation of any law for the time being in force, or in breach of any court direction in any case,” the HC directions mentioned.

“It is directed that the executants of such deeds shall invariably be asked to obtain a certificate from the revenue agency to the effect that such property does not belong to any religious place and also endorsement on the revenue extracts to the effect that there is no Court direction prohibiting alienation of such property in any manner,” the High Court had ordered.

The directions further specified that where “any Registering Officer has the reason to believe that a deed of conveyance presented for registration involves the alienation of property, the Registering Officer may, for arriving his satisfaction, ask for any undertaking from the executants of the deed to the effect that the property does not belong to any religious place and, if so, the deed has not been executed in violation of any law or direction of any Court prohibiting alienation of such property in any manner.” “These directions shall be diligently followed and a strict view would be taken of failure to conform to the same,” the High Court had warned.

Bidhuri, referring to this order, stated that in this backdrop, it was felt expedient to bring these directions to the notice of the Revenue officers including Registrars and Sub Registrars.

“All Revenue Officers including Registrars, Sub Registrars, ACRs, SDMs etc. notified as Registering Authorities are hereby enjoined upon to ensure against transfer of property relating to religious places in contravention of any of the provisions of the Registration Act, 1908 and relevant laws. Furthermore, cases involving transfer of property in respect of religious places may be processed only before the Sub Registrar having jurisdiction for registration of such property. These instructions are for strict compliance by all concerned,” he directed.

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