Transferee Cannot Take Possession or Seek Mutation Without Registered Instrument under Section 138 of J&K Transfer of Property Act: High Court of Jammu & Kashmir and Ladakh

The Jammu and Kashmir and Ladakh High Court has strongly reaffirmed that transfer of immovable property in Jammu and Kashmir is legally valid only when it is made through a written and registered document. The Court held that without registration as required under Section 61(3) of the J&K Registration Act read with Section 138 of the J&K Transfer of Property Act, no ownership or possessory rights can legally arise. Bench…