Excelsior Correspondent
SRINAGAR, July 2: High Court has sought assistant and reply from the Government to the plea challenging certain conditions of Government circular with regard to authentication and transfer of Muslim property under oral gift.
The advocate Shuja-ul-Haq Tantrey has challenged the condition as laid in the circular where-under for authentication and transfer of Muslim property in Revenue records by oral gift needs certain requirements.
The aggrieved persons have challenged six conditions of the Circular issued in the form of check list for submission of oral gift cases by the Deputy Commissioner Srinagar. They were refused by the Revenue authorities for mutation of the property situated in Srinagar which was gifted to them by their father in 2017 and were asked to fulfil the condition as laid in the circular.
Advocate Tantrey has challenged the check list of the documents issued by the Deputy Commissioner Srinagar which as per the office of DC is required to be submitted by a person intending to get a mutation on the basis of oral gift.
He submitted before the bench of Judge Sanjeev Kumar that the check list offends not only the Muslim law, which permits the transfer of the property through oral gift, but it also runs counter to the position of the Supreme Court on the issue.
Justice Kumar after having regard to the importance of proposition of law involved on the issue asked the Advocate General to assist the court on the issue. Court has also directed the Revenue, counsel M A Chashoo (AAG) to ensure reply on behalf of the authorities by next date.
The then Govt. of J&K in 2015 had issued SRO 367 providing for the mechanism for attestation of mutations on the basis of oral gift. The aggrieved persons were refused for attesting the mutation qua the property which was gifted to them by making oral gift by their father in the year 2017.
They submit that irrespective of the fact that the property sought to be bequeathed by their father in their favour vide oral gift was free from all encumbrances, yet the DC Srinagar has withheld the passing of the mutation in terms of SRO 367 dated 13-10-2015.
The DC Srinagar has withheld the passing of the mutation order in their favour on the ground that as the conditions laid in the circular have not been fulfilled by the petitioners while seeking attestation of mutation on the basis of oral gift.
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