Procedure for making donation of land

Procedure for making donation of land.

1. (1) Any person owning a transferable interest in land desiring to make a gift thereof to the Board may submit a declaration marking the offer in the prescribed form to the Board.
2. (2) The Board shall, if it considers the gift acceptable, forward the declaration to the Revenue Officer having jurisdiction in the tehsil where the land is situate.
3. (3) On receipt of the declaration mentioned in sub-section (1), the Revenue Officer shall if satisfied after such enquiry as he thinks necessary, that the donor is competent to make the gift and has valid title in the land, issue a notice in the prescribed form to such persons as he may consider interested in the property calling upon them, before a date specified in the notice, to show cause why the gift should not be accepted.
4. (4) The revenue officer shall also affix a copy of the notice referred to in sub-section
5. (3) on the notice board of his office and shall cause it to be published by beat of drum in the village where the land is situate.
6. (5) Any person interested in the property may, before the date specified in the notice, file an objection before the Revenue Officer showing cause why the gift should not be accepted.
7. (6) All such objections shall be enquired into and decided by the Revenue Officer.
8. (7) If no objection is filed before the specified date, or if all the objections filed have been rejected by the Revenue Officer, he shall pass an order accepting the gift on behalf of the Board.
9. (8) On the acceptance of the gift, all title and interest of the donor in the land shall be extinguished and the land shall, subject to the provisions of section 18, vest in the Board in the same rights in which it was held by the donor.
10. (9) No gift shall operate in a manner so as to entitle the donor to recover rent from his tenants in respect of his proprietary holding at a rate higher than that to which he was otherwise entitled under the provisions of Chapter
    • (III) of the Jammu and Kashmir Tenancy Act, Samvat 1980.
11. (10) The revenue officer may, at any stage of the proceedings, reject the offer of the donor on any of the following grounds namely :-
    • (i) that the donor is incompetent to make the gift ;
    • (ii) that the title of the donor is defective ;
    • (iii) that there are encumbrances on the land ;
    • (iv) such other grounds as may be prescribed.