your house in jammu city falls within definition of urban immovable property

2) your house would be covered under the provisions of prior purchase act

Hello,

Section 3(3) reads as follow:

“urban immovable property” shall mean immovable property within the limits of a town,For the purposes of this Act any specific area may be considered as a town:-

(a) if it is declared as such by the Government by a notification in the Government Gazette, or

(b) if so found by the Court;

You will have to check that whether state government has issued any GO declaring your area as a TOWN;

or otherwise clause (b) gives discretion to the judge to consider the particular area as a TOWN or not.

You will have to check the local GO with regards to the same; also if there is no GO then convince the judge with your argument.

Further you may also read section 6 of the Act:

6. No right of prior purchase in certain areas— (1) Except as may otherwise be declared, no right of prior purchase shall exist within any cantonment area.(2) The Government may declare by notification in the Government Gazette that in any local area or with respect to any property or class of property of with respect to any sale or class of sales no right of prior purchase or only such limited right as the Government may specify, shall exist.

Regards

Hi,

The act provides the right of purchase of movable property in the city or village( agricultural) sales.

Except some buildings which are business place or dharmshala etc all the residential houses are covered in this provision.

The Municipal limits are known where the taxes relating to the house property is paid to the Municipal corporation.

Please check for the limit of Municipal corporation from the municipality which may be available on line as well for your are or from the sector office.

Dear Client,

Check with the authority (JMC), if declared area under urban immovable property". orhwise wcourt will decide going through the definition of URBAN AREA -

An urban area is the region surrounding a city. Most inhabitants of urban areas have nonagricultural jobs. Urban areas are very developed, meaning there is a density of human structures such as houses, commercial buildings, roads, bridges, and railways. "Urban area" can refer to towns, cities, and suburbs

Jammu and Kashmir Right of Prior Purchase Act, SVT. 1993 (1936 A.D.)

(Act No. 2 of 1993)

CHAPTER II

General Provisions

4. Right of prior purchase, application of— The right of prior purchase shall mean the right of a person to acquire agricultural land or village immovable property or urban immovable properly in preference to other persons and it arises in respect of such land only in case of sales, and in respect such property only in case of sales or of foreclosures of the right to redeem such property.Nothing in this section shall prevent a Court from holding that an alienation purporting to be other than a sale is in effect a sale.5. No right of prior purchase in respect of certain buildings— No right of prior purchase shall exit in respect of the sale of or foreclosure of a right to redeem,—

(a) a shop, serai or market or some other property used as a place for transaction of public business;

(b) a dharmsala, place of worship or other similar building.

Explanation.— In determining what building comes within the preview of this section the character of the accommodation provided therein, the place where the building is situate and the main use to which it naturally and most advantageously is adopted shall among other matters be taken into consideration.

Illustration

(a) A building adopted to use as a shop and situate in business quarters does not cease to be a shop by reason of limited accommodation in its upper storey for residential purposes.

(b) A residential house does not lose that character merely because business has been or is carried on occasionally in a part thereof.

6. No right of prior purchase in certain areas— (1) Except as may otherwise be declared, no right of prior purchase shall exist within any cantonment area.(2) The Government may declare by notification in the Government Gazette that in any local area or with respect to any property or class of property of with respect to any sale or class of sales no right of prior purchase or only such limited right as the Government may specify, shall exist.7. No right of prior purchase in respect of certain sales— Notwithstanding anything in this Act, a right of prior purchase shall not exist in-respect of any sale made by or to the State or by or to any local authority or to any company for public purposes under the provisions of the Land Acquisition Act or in respect of any sale sanctioned under section 5 of the Jammu and Kashmir Alienation of Land Act, Svt. 1995.8. Right of prior purchase exists under certain conditions in agricultural and village immovable property— Subject to the provisions of sections 5, 6 and 7, a right of prior purchase shall exist in respect of agricultural land, village immovable property and urban immovable property, but every such right shall be subject to all the provisions and limitations in this Act contained.9. Party to alienation cannot claim right of prior purchase— In the case of a sale by Joint-owners, no party to a sale shall be permitted to claim a right of prior purchase.10. Sum deposited by persons claiming right of prior purchase not to be attached— No sum deposited or paid into Court by a person claiming right of prior purchase under the provisions of this Act or the Civil Procedure Code shall, so long as it is in the custody of the Court, be liable to attachment in execution of any decree or any order of a Civil Criminal or Revenue Court or any order of a Revenue Officer.

CHAPTER III

Persons in Whom the Right of Prior Purchase Vests

11. The Law determining the right of prior purchase— In respect of all sales and foreclosures, not completed before the commencement of this Act, the right of prior purchase shall be determined by the provisions of this Act.12. Joint right of prior purchase how exercised— Whenever, according to the provisions of this Act, a right of prior purchase vests in several persons, the right may be exercised by all such persons jointly or severally.13. Limit of exercise of right in respect of land sold by member of an agricultural class— No person other than a person who was at the date of sale a member of an agricultural class shall have a right of prior purchase in respect of agricultural land sold by another member of an agricultural class.[14. Persons in whom right of prior purchase vests in respect of sales of agricultural land and village immovable property— Notwithstanding anything contained in any law, rule or custom but subject to the provisions of section 13, the right of prior purchase in respect of agricultural land and village immovable property shall vest-

(a) where the sale is by sole owner or occupancy tenant or, in the case of land or property jointly owned or held, by all the co-shares jointly-

Firstly– in the tenant cultivating such land where the sale is of agricultural land and in the tenant occupant thereof where the sale is of village immovable property; andSecondly– in the person in order of succession who but for such sale would be entitled on the death of the vendor or vendors, to inherit the land or property sold;

(b) when the sale is of a share out of the joint property and is not made by all the co-shares jointly

Firstly– in the lineal descendants of the vendor in order of succession;Secondly– in the co-sharers, if any;Thirdly– in the tenant cultivating such land where the sale is of agricultural land and in the tenant occupant when the sale is of village immovable property; andFourthly– in the person not included under the above categories in order of succession, who but for such sale would be on the death of the vendor entitled to inherit the land or property sold;

(c) if no person having the right of prior purchase under clauses (a) and (b) exercises it then—

Firstly– in the owner of the mahal wherein such agricultural land or property is situate; andSecondly– in the tenants other than those specified above].15. Persons in whom right of prior purchase vests in urban immovable property— The right of prior purchase in respect of urban immovable property shall vest,—Firstly – in the co-shares of such property, if any;Secondly – where the sale is of the site of the building or other structure, in the owners of such building or structure;Thirdly – where the sale is of property having a stair case common to other properties, in the owners, of such properties;Fourthly – where the sale is of property having a common outer entrance with other properties, in the owners of such properties;Fifthly – where the sale is of a servient property, in the owners of the dominant property, and vice versa;[Sixthly – in the tenant occupant thereof;]16. Exercise of the right of prior purchase where several persons equally entitled— Where several persons are found by the Court to be equally entitled to the right of prior purchase, the said right shall be exercised-[(a) if they claim as cultivating tenants, in proportion among themselves to the area respectively held by them as such tenants and if they claim as tenant occupants in proportion among themselves to the property respectively held by them as such tenant occupants;

(aa) if they claim as co-shares, in proportion among themselves to the shares they already hold in the land or property];

(b) if they claim as heirs whether co-shares or not, in proportion among themselves to the shares in which but for such sale they would inherit the land or property in the event of the vendor’s death without other heirs;

(c) if they claim as owners of the mahal, in proportion among themselves, to the shares which they already hold in the mahal;

[(d) if they claim as non-cultivating tenants, in proportion among themselves to the area respectively held by them as such tenants.][Explanation.— For purposes of this section and section 14, “Cultivating tenant” means a tenant who cultivates the land himself (Khudkasht Mazaria).]17. Provisions of sections 14 and 16 applicable to foreclosures mutatis mutandis— In the case of foreclosure of the right to redeem village immovable property, the provisions of sections 14 and 16 and in the case of a foreclosure of the right to redeem urban immovable property, the provisions of section 15 and 16 shall be construed by the Court with such alterations, not affecting the substance, as may be necessary or proper to adapt them to the matter before the Court.

CHAPTER IV

Procedure

18. Notice to persons having right of prior purchase— When any person proposes to sell any agricultural land or village immovable property or urban immovable property, or to foreclose the right to redeem any village immovable property, or urban immovable property, in respect of which any person have a right of prior purchase, he may give notice to all such persons of the price at which he proposes to sell such land or property, or of the amount due in respect of the mortgage, the case as may be.Such notice shall be given through any Court within the local limits of whose jurisdiction such land or property is situate and shall be deemed sufficiently given if it is served in accordance with the provisions of Order V of the Code of Civil Procedure.19. Notice by a person claiming right of prior purchase to vendor— The prior right of any person shall be extinguished unless such person shall, within the period of three months from the date on which notice under section 18 is duly given and served, or within such further period not exceeding one year from such date, as the Court may allow, present to the Court a notice for service on the vendor or mortgagee of his intention to enforce his right of prior purchase. Such notice shall state whether the person intending to exercise the right accepts the price or amount due on the footing of the mortgage as correct or not, and if not, what sum he is willing to pay.When the Court is satisfied that the said notice has been duly served on the vendor or mortgagee, the proceeding shall be filed.20. Suit to enforce right of prior purchase— Any person entitled to a right of prior purchase may, when the sale or foreclosure has been completed bring a suit to enforce that right.21. Plaintiff may be called upon to make deposit or file security— (1) In every such suit the Court shall, at, or at any time before, the time of settlement of issues, require the plaintiff to deposit in the Court such sum as in the opinion of the Court equal to one-fifth of the probable value of the land or property, or require the plaintiff to give security to the satisfaction of the Court for the payment of a sum not exceeding such probable value within such time as the Court may fix in such order.(2) In the case of an appeal, the Appellate Court may at any time exercise the powers conferred on a Court under sub-section (1).(3) Every sum deposited or secured under sub-section (1) or (2) shall be available for the discharge of costs.(4) If the plaintiff fails within the time fixed by the Court or within such further time as the Court may fix to make the deposit or furnish the security under sub-section (1) or (2), his plaint shall be rejected or his appeal dismissed, as the case may be.(5) (a) If the plaintiff withdraws any amount deposited in the aforesaid manner, his suit or appeal shall be dismissed.

(b) If any security furnished for any cause becomes void or insufficient , the Court shall order the plaintiff to furnish fresh security or to increase the security, as the case may be, within a time to be fixed by the Court, and if the plaintiff fails to comply with such order, the suit or appeal shall be dismissed.

(6) The estimate of the probable value made for the purpose of sub-section (1) shall not affect any decision subsequently come to as to the market value of the property.22. Special conditions relating to sale of agricultural land— No decree shall be granted in a suit to enforce right of prior purchase in respect of the sale of agricultural land until plaintiff has satisfied the Court-

(a) that the sale in respect of which right is claimed is not in contravention of the Alienation of Land Act;

(b) that he is not debarred by the provisions of section 18 of this Act from exercising the right of prior purchase.

This Act may be called the Jammu and Kashmir Right of Prior Purchase Act, 1993.

(2) It shall extend to the whole of Jammu and Kashmir State.

The right of prior purchase shall mean the right of a person to acquire agricultural land or village immovable property or urban immovable property in preference to other persons, and it arises in respect of such land only in case of the sales, and in respect such property only in case of sales or of foreclosures of the right to redeem such property.

Nothing in this section shall prevent a Court from holding that an alienation purporting to be other than a sale is in effect a sale.

6. No right of prior purchase in certain areas. - (1) Except as may otherwise be declared, no right of prior purchase shall exist within any cantonment area.

(2) The Government may declare by notification in the Government Gazette that in any local area or with respect to any property or class of property of with respect to any sale or class of sales no right of prior purchase or only such limited right as the Government may specify, shall exist.

Hi, in the case of Jammu there are special laws too and you need to consider those.