The J&K High Court on Thursday ordered Judicial Officers of the State 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.
“It has been observed that Judicial Officers of the State, who are vested with the powers of registration under Jammu & Kashmir Registration Ad, 1998 (L94L A.D.), are registering conveyance deeds relating to property belonging to Temples, Muths, Dharamshallas, Mosques, Churchs, Gurudwaras, Monasteries, Shrines, Graveyard, Crematorium and etc., in violation of laws or in breach of Court directions,” Registrar Vigilance of the court said in an order.
With a view to ensure that such deeds are admitted for registration in accordance with law, the Chief Justice has ordered that 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.), shall not to register conveyance deeds relating to the property of any religious place in violation of any law for the time being inforce, or in breach of any Court direction in any case, Registrar Vigilance said.
“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.”
Where any Registering Officer has the reason to believe that a deed of conveyance presented for registration involves the alienation of property as referred to above, 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.
“The directions shall be diligently followed and a strict view would be taken of failure to comport to the same.”