What is the current legal status of the Jammu and Kashmir Right of Prior Purchase Act, Samvat 1993,…
The Act was at first continued: Table 4 of the Fifth Schedule to the Jammu and Kashmir Reorganisation Act, 2019 listed it among the State Acts that remained in force, and it…
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What is the current legal status of the Jammu and Kashmir Right of Prior Purchase Act, Samvat 1993, which conferred rights of prior purchase (pre-emption) on sales of agricultural land and urban immovable property?
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Correct answer C
The Act was at first continued: Table 4 of the Fifth Schedule to the Jammu and Kashmir Reorganisation Act, 2019 listed it among the State Acts that remained in force, and it was not among the laws repealed by Table 3. By the Union Territory of Jammu and Kashmir Reorganisation (Adaptation of State Laws) Fifth Order, 2020 (S.O. 3808(E) of 26 October 2020), made under section 96 of the 2019 Act, the Central Government directed (Schedule, item 14) that the Act be repealed as a whole. It therefore no longer confers any right of prior purchase on new sales of agricultural or urban property, and its rules, such as the bar on a party to a sale by joint owners claiming prior purchase, are no longer operative; the Order saves only things done, rights accrued and proceedings in respect of them under the repealed law.
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Jammu & Kashmir Judicial Services