section 90
On confirmation of sale possession and certificate to be granted to purchaser
The Jammu and Kashmir Land Revenue Act, 1939Tax1996178 sections4 chapters
Statutory text
On confirmation of sale possession and certificate to be granted to purchaser.-
- (1) After a sale has been confirmed in the manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the property sold, and shall grant him a certificate to the effect that he has purchased that property.
- (2) The certificate shall state whether or not the property was sold for the recovery of an arrear due in respect thereof, and, if it was so sold, shall set forth the encumbrances, grants, contracts, and rights of occupancy, if any, specified in the proclamation of the sale as specially saved by order of the Divisional Commissioner under section 70, sub-section (2), clause (c).
- (3) The certificate shall be deemed to be valid transfer of the property and need not be registered.
- (4) No suits shall be maintained against any person claiming title under a purchase certified by the Collector on the ground that the purchase was made on behalf of the plaintiff or on behalf of some one through whom the plaintiff claims. Nothing in this subsection shall bar a suit to obtain a declaration that the name of the purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser or interfere with the right of a third person to proceed against that property though ostensibly sold to the certified purchaser on the ground that it is liable to satisfy a claim of such third person against the real owner.
- (5) The certified purchaser of any immovable property shall be entitled to all rents and profits falling due in respect of the property after the date of the confirmation of the sale, and liable, for all instalments of land revenue and rates and cesses falling due in respect thereof after that date.
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