Srinagar, Jan 21: The Jammu & Kashmir and Ladakh High Court has reaffirmed that immovable property cannot be validly transferred unless the transaction is in writing and duly registered under Section 61(3) of the J&K Registration Act and Section 138 of the J&K Transfer of Property Act.

Justice Vinod Chatterji Koul made the observations while allowing a civil appeal by Mst. Khati, who sought to restore a trial court decree restraining Abdul Rashid Salroo from interfering with her inherited land in Jablipora, Bijbehara, Anantnag.
The dispute arose after the First Appellate Court overturned the trial court, holding that the plaintiff failed to specify the suit land and that the defendant was in possession. The High Court, however, found that the property was clearly identified and criticized the appellate court for misappreciating the facts.
On the core legal issue, the bench emphasized that Section 138 leaves no room for ambiguity: possession or oral claims alone cannot confer rights without a duly registered instrument. Section 138(3) explicitly bars a transferee from taking possession, applying for mutation, or starting construction unless the transfer is registered. The Court noted that the defendant failed to produce any such document.
The High Court held that the appellate court had wrongly granted ownership and possession without statutory compliance. Citing precedent, the bench observed: “There cannot be a valid transfer of immovable property unless it is in writing and registered… mere possession, however long, cannot mature into ownership.”
The appeal was allowed, the First Appellate Court’s judgment set aside, and the trial court’s injunction in favor of the plaintiff restored.