Section 43(1) in Jammu and Kashmir Wakafs Act, 2001
(1)Notwithstanding anything contained in any law for the time being in force or in any wakaf deed transfer of any immovable property by way of sale, gift, exchange or mortgage other than simple mortgage without possession of the leasehold rights in favour of any Bank or Financial Institution or any alienation of Wakaf property by act of parties, or a decree or order of a court or of a Revenue Officer shall be void ab initio :Provided that transfer by way of lease or simple mortgage or leasehold rights may be effected with the prior sanction of the Council :Provided further that the leases of Wakaf properties shall be effected by public auction and shall be subject to confirmation by the Council.Explanation. - A sub-lease or partnership by a lessee wherein lessee has less than 50% share in the profit and loss in the partnership business and/or parting with the physical possession of the lease property, shall be deemed to be the alienation within the meaning of the Act.
