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State of Jammu-Kashmir - Section

Section 4 in Jammu and Kashmir Land Grants Act,1960

4. Lease of Land.

(1)The Government shall determine the extent of land available for building purposes and may grant land on lease for such purposes on such conditions including those relating to premium and ground rent as may be prescribed :Provided that no such land shall be granted on lease to the person, who is not a permanent residence of the state; except where the Government for the reasons to be recorded relax this restriction in the interest of industrial or commercial development or in the favour of a registered charitable society established for non-political ,non-profitable purpose or such registered institute of higher education.Provided further that not more than one plot of land shall be granted on a lease to a single family for residential purposes :Provided also that no plot of land granted on lease for residential purposes shall exceed Two Kanals in areas:Provided however that no deed transferring the rights of such a lessee to any one else shall be admitted to registration, unless a certified copy of the Government Order sanctioning such a transfer of the lease is provided before the Registering Authority.
(2)Notwithstanding anything to the contrary contained in the law for the time being in force
(i)the lease granted under sub-section (1) shall, ipso facto, get terminated and the land including all the apartments shall escheat to the state without any compensation, if any person who is not a permanent resident of the state is introduced as a promoter or a member of such society.
(ii)No person shall transfer the lease hold rights granted under sub-section(1), in any manner whatsoever expecting in favour of a natural inheritor and any transfer made in the contravention of the said restriction shall, ipso facto, terminate the lease and the land shall escheat to the state.