SPECIAL LAWS

UNIT-4 SHORT NOTES

J&K RIGHT TO PRIOR PURCHASE ACT,1993

DEFINITION (SECTION 3)
1. Agricultural Land
Refers to land as defined in the Jammu and Kashmir Alienation
of Land Act, Svt. 1995.
It does not include the right of a mortgagee, whether
usufructuary or otherwise.
2. Village Immovable Property
Means immovable property located within the limits of a
village, but excludes agricultural land.
3. Urban Immovable Property
Refers to immovable property situated within the limits of a
town.
An area can be considered a town if:
(a) It is declared as such by the Government via notification,
or
(b) It is determined to be a town by a court.
4. Member of an Agricultural Class / Agricultural Classes
These terms carry the same meaning as defined in the Jammu
and Kashmir Alienation of Land Act, Svt. 1995.
5. Sale of Land
Does not include a sale made:
 o In execution of a decree for money, or
o By an order of a Civil, Criminal, or Revenue Court or a
Revenue Officer.
6. Other Expressions
Any expression defined under Section 3 of the Land Revenue
Act, Svt. 1996, shall have the same meaning in this Act, unless
inconsistent with the context.
GENERAL PROVISIONS (SECTIONS 11-17)
Section 11 – Law Determining the Right of Prior Purchase
• The right of prior purchase in respect of all sales and
foreclosures not completed before the commencement of
this Act shall be governed entirely by this Act.

Section 12 – Joint Right of Prior Purchase

• When multiple persons are entitled to the right of prior
purchase, they may:
o Exercise it jointly, or
o Exercise it severally (individually).

Section 13 – Right in Respect of Sale by Member of Agricultural

Class
• If a member of an agricultural class sells agricultural land,
then:
o Only another member of an agricultural class can claim
the right of prior purchase.
 o Outsiders (non-agriculturists) cannot claim this right in
such cases.

Section 14 – Persons Entitled in Agricultural Land & Village

Immovable Property
The right of prior purchase applies as follows:
• If the sale is by a sole owner or by all co-sharers jointly:
(a) Firstly – to the tenant cultivating the land (in case of
agricultural land) or the tenant occupant (for village
immovable property)
(b) Secondly – to the person who would inherit the
land/property if the vendor dies.
• If the sale is by some, not all, co-sharers:
(a) Firstly – to the lineal descendants of the vendor
(b) Secondly – to other co-sharers
(c) Thirdly – to the tenant cultivating the land or tenant
occupant
(d) Fourthly – to the person who would inherit in absence of
others
• If none of the above exercises the right:
(a) Firstly – to the owners of the mahal
(b) Secondly – to other tenants

Section 15 – Persons Entitled in Urban Immovable Property

The right of prior purchase applies in the following order:
1. Firstly – Co-sharers of the property
 2. Secondly – Owners of any building/structure on the site being
sold
3. Thirdly – Owners of properties sharing a common staircase
4. Fourthly – Owners of properties sharing a common outer
entrance
5. Fifthly – Owners of dominant or servient properties
6. Sixthly – Tenant occupant of the property

Section 16 – Where Several Persons Equally Entitled

• If multiple persons are equally entitled to the right of prior
purchase, it shall be exercised:
(a) Cultivating tenants – In proportion to area cultivated
(aa) Co-sharers – In proportion to shares held
(b) Heirs – In proportion to inheritance shares
(c) Mahal owners – In proportion to shares in the mahal
(d) Non-cultivating tenants – In proportion to the area they
hold
Explanation: "Cultivating tenant" means one who personally
cultivates the land (khudkasht mazaria).

Section 17 – Application to Foreclosure Cases

• Sections 14 and 16 apply (with necessary changes) to village
immovable property foreclosures.
• Sections 15 and 16 apply (with necessary changes) to urban
immovable property foreclosures.
PERSONS IN WHOM THE RIGHT OF PRIOR PURCHASE VESTS
(SECTIONS 18-28)
SECTION 18 – Notice to Persons Having Right of Prior Purchase
• A seller intending to sell agricultural land, village immovable
property, or urban immovable property must serve notice to
all persons entitled to claim the right of prior purchase.
• The notice must be:
o Given through a court within local jurisdiction.
o Served as per Order V of the Civil Procedure Code
(CPC).

SECTION 19 – Notice by Person Claiming Right to Vendor

• The right of prior purchase will be extinguished unless the
claimant:
o Files a notice in court within 3 months of receiving
notice under Section 18.
o States whether they accept the stated price, or offer a
different price.
• Maximum extension: Up to 1 year, as allowed by the court.

SECTION 20 – Suit to Enforce Right of Prior Purchase

• Once the sale or foreclosure is complete, the person with the
right of prior purchase may file a suit to enforce the right.

SECTION 21 – Plaintiff to Deposit Money or Security

 • The plaintiff must:
o Deposit one-fifth of the probable value of the
land/property, or
o Provide security for an amount up to the full value.
• If not deposited in time:
o The plaint or appeal will be dismissed.
• If security becomes void/insufficient:
o Plaintiff must provide fresh or increased security.

SECTION 22 – Special Conditions for Agricultural Land

• A decree to enforce the right for agricultural land will not be
granted unless the plaintiff proves:
o The sale does not violate the Alienation of Land Act,
and
o He is not disqualified under Section 18.

SECTION 23 – Sale Violating Alienation Act

• If the court finds that the sale violates the Alienation of Land
Act, the suit will be dismissed.

SECTION 24 – Fixing of Price in Case of Sale

• If parties do not agree on the price:
o The court decides whether the sale price was genuine
and paid.
 o If not, the market value is fixed as the price.
• If sale price is based on an inflated debt, court may:
o Fix market value as price and
o Allow vendee to accept or cancel the sale.

SECTION 25 – Fixing of Price in Case of Foreclosure

• Court will verify whether the amount claimed by the
mortgagee is:
o Due and made in good faith.
• If not, court will fix market value as the price.

SECTION 26 – Determination of Market Value

Court may consider:
• Actual price or mortgage amount
• Interest involved
• Average net income from land/property
• Land revenue assessed
• Price of similar properties nearby
• Past sale or mortgage prices

SECTION 27 – Concurrent Hearing of Suits

• If multiple suits arise from the same sale or foreclosure:
o All plaintiffs are made defendants in each other’s suits.
 o Court will declare priority of entitlement in each decree.

SECTION 28 – Copy of Decree to Deputy Commissioner

• A copy of each decree (except for urban buildings) shall be
sent to the Deputy Commissioner, who may:
o File for revision within 2 months if decree violates the
Alienation of Land Act.
• No stamp duty is required for the Deputy Commissioner’s
application.
LIMITATIONS (SECTION 29)
Section 29 – Limitation
This section prescribes the time limits within which a person must
file a suit to enforce their right of prior purchase.
1. General Rule
• If not specifically provided in Article 10 of the Second
Schedule of the Limitation Act, Svt. 1995,
the limitation period to enforce the right is one year from the
relevant date.

2. Specific Timeframes
(a) For sale of agricultural land or village immovable property
• Limitation starts from the earlier of the following:
o Date of attestation of sale in the mutation register by
the Revenue Officer, or
 o Date on which the vendee takes possession (of any part
of the land/property).

(b) For foreclosure of village or urban immovable property

• One year from the date on which the mortgagee's title
becomes absolute (i.e., when right to redeem ends).

(c) For sale of urban immovable property

• One year from the date on which the vendee takes
possession of any part of the property.

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