Section 8 in The Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006
8. Claim by interested persons.
(1)Any person claiming any right to or interest in, any property, which has been notified under section 6 as evacuee property, or in respect of which a demand requiring surrender of possession has been made by the Custodian, may prefer a claim to the Custodian on the grounds that,-(a)the property is not evacuee property; or(b)his interest in the property has not been affected by the provisions of this Act.(2)Any claim under sub-section (1) shall be preferred by an application made within thirty days from the date on which the notification was issued on the demand requiring surrender of possession was made by the Custodian :Provided that the Custodian may, for sufficient reasons to be recorded, entertain the application even if it is made after the expiry of the aforesaid period :[Provided further that every application under sub-section (2) shall be accompanied by an affidavit to the effect that the property claimed is not subjudice before any court of law having jurisdiction.] [Inserted by Act XIX of 1987, section 2.](3)On receiving an application under sub-section (2), the Custodian shall hold a summary inquiry in the prescribed manner, take such evidence as may be produced and pass an order, stating the reasons therefor, either rejecting the application or allowing it wholly or in part.(4)[ For the purposes of this section Custodian means the Custodian appointed under section 4 for any Province of the State.] [Added by Act XIX of 1987, section 2.]
