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State of Jammu-Kashmir - Section

Section 44 in Jammu and Kashmir Wakafs Act, 2001

44. Recovery of Wakaf property transferred in contravention of the Act and the rules made thereunder.

- Where the Council, Chairman, Tehsil Committee, as the case may be, is satisfied after making an inquiry in such manner as may be prescribed that any immovable property of a Wakaf has been in unauthorised occupation of any person, or in contravention of provisions of the Act, or has been sublet in any manner or has been in occupation without authority includes the continuance, by any person of the Wakaf property after the authority (whether by way of lease, grant or any other mode of transfer under which he was allowed to occupy the Wakaf premises/ property) has expired or has been determined for any reason whatsoever, or after inquiry declared as a Wakaf property not previously declared so, it or he may take such step as may be necessary recovery of the possession of the property to him or it.