Am i eligible for ews

Querist : Anonymous (Querist) 04 October 2025 This query is : Resolved
my family is recognised POJK Refugee & our family income is well below 8 LPA .

The main issue is property -

- Non municipal =

since we left everything behind govt alloted our family ( my grandpa ) 20 Marla abadi land and grandpa has died and he has 9 legal heirs but there exist no records ( jamabandi / khevat / khata / mutation / Malkiat ) either in our ancestors or in our father name as it is still considering as evacuee property without propriety rights .

So even if they count / not count this is significantly below permissible limit ? ( since J n k orders that HSA applies in evacuee property ) and in no possible scenario we own > 200 sq yards .

- municipal = there is a 182 sq yard plot in our father name purchased by my father in 2006 ( house built and we currently live here )

Recently my father wanted to sell this and shift to village but we just got to know that we were scammed .

The property we purchased from X in 2006 is already acquired by government irrigation project in 1983.

- Tehsildar has rejected transfer of property citing the acquisition .
( your father ownership is very clouded )

- patwari had REFUSED to issue Fard
( citing that my father is owner / ownership record )

- Irrigation department refused to give us NOC( for transfer ) citing the acquisition again

- they gave us AWARD and COMPENSATION list which has X name ( from whom we buy land though unclear his exact share that was acquired )

Every department is refusing to recognise my father as owner of that land despite showing them mutation my father name ( 2006 )

Right now we can’t sell , Mutate , use as collateral because govt departments aren’t letting us .

Will this be counted as our asset for I&A?

Doesn’t if they count they will be taking two contradictory stances

- for selling = your father isn’t the owner so we can’t let you sell

- for ews = it’s your fathers asset ( mutation and possession )

Please clarify , I will be grateful ( sorry for bad grammer )

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Quick Summary

This discussion concerns the eligibility of Pakistan-occupied Jammu and Kashmir (PoJK) refugees for an Economically Weaker Section (EWS) certificate, particularly focusing on asset and income criteria. The user's family income is below ₹8 LPA, but they face complications with property ownership. They possess evacuee land with multiple heirs but no clear records, and a plot purchased in 2006 which was later found to have been acquired by the government in 1983. Despite having a mutation and registry from 2006, government departments are refusing to recognise their ownership or allow sale, creating a complex situation regarding whether this disputed land will be counted as an asset for EWS assessment.

Querist : Anonymous (Querist) 04 October 2025
Please share your valuable insights

kavksatyanarayana (Expert) 04 October 2025
Refugees from Pakistan-occupied Jammu and Kashmir (PoJK) may be eligible for an Economically Weaker Section (EWS) certificate, provided they meet the standard income and asset criteria. The eligibility criteria for PoJK refugees must not be covered under reservations for Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC), and the total gross family income should be below ₹8 lakh per annum. The family must not own 5 acres of agricultural land or more, or a residential flat of 1,000 square feet or more, or a residential plot of 100 square yards or more in a notified municipality, or a residential plot of 200 square yards or more in a non-notified municipality.

Querist : Anonymous (Querist) 05 October 2025
Please share insights on issue , I will be grateful

T. Kalaiselvan, Advocate (Expert) 05 October 2025
Expert Mr. kavksatyanarayana Sir has given a detailed explanation to your query, I endorse the same, if you still don't understand then you can contact an experienced lawyer in the local along with all relevant papers and get a second opinion.

Querist : Anonymous (Querist) 05 October 2025
With due respect
I don’t understand why everyone is citing general rules rather then giving or addressing the main question in above query . Please invest 1 minute and take a read, I will be grateful

T. Kalaiselvan, Advocate (Expert) 05 October 2025
Your question involves practical; issues for which an advocate would require to scrutinize the relevant papers and then only any opinion can be rendered, if you want just a formal opinion about it then the information furnished here would be sufficient, therefore you may approach a prudent lawyer in the local to move on provided you are really serious about the subject matter

kavksatyanarayana (Expert) 05 October 2025
Your father purchased 182 sq. yds. Plot in 2006, which was acquired by the government (irrigation department), is it a registered document? I think this plot was not registered as it was acquired by the Government in the year 1983, and the Sub Registrar couldn't have registered the document. You asked for EWS, and I have given the requirements for EWS.

Dr. J C Vashista (Expert) 06 October 2025
Very well analysed, opined and advised by experts, which I endorse.
However, if you are dissatisfied with the obligation of experts on this platform, it is advisable to consult a local prudent lawyer for proper appreciation of facts / documents and professional advise.

Querist : Anonymous (Querist) 06 October 2025
I really appreciate everyone for replying and helping me ,

My only question is whether this disputed/ possibly acquired land will be considered as my father’s asset for I&A ?

Querist : Anonymous (Querist) 06 October 2025
Mutation and registry stamps from 2006 ( There is 1 page note written by sub registrar and also stamped By office ) confirm the entries were recorded—but that year Patwaris and registry officers often processed transfers without cross verification records in exchange for bribes. Earlier times , they simply refuse to mutate without ₹ .

kavksatyanarayana (Expert) 06 October 2025
Which note was written by the Sub Registrar on the 1st page? Property mutated by which officer? I think this is incorrect, as the Sub Registrar signs on the back side of all the pages of a document.

Querist : Anonymous (Querist) 13 October 2025
Almost every page is signed and stamped by sub registrar . On back side of first page of sale deed , there is a one page note written by sub registrar about seller and vandee

kavksatyanarayana (Expert) 13 October 2025
Then it is a valid document.

Querist : Anonymous (Querist) 14 October 2025
Thank you for replying again .

Does registered mutation ( 2006 ) issued after acquisition of same land by government (1983) is legally valid ?

Actually it is a typical case where irrigation department has acquired land for project (1983) but revenue department keep issuing mutations ( post 1983 , like us ). Currently there are 10’s of houses built on that land with proper documentation .

But are they even owners of that land ? Is my father a legal owner considering the acquisition?

T. Kalaiselvan, Advocate (Expert) 14 October 2025
What ever you have subsequently are additional information only hence any opinion rendered to your new questions with new information will tend to prompt you with more new information making it as endless.
Hence better gather all the information together and get them clarified together from an experienced lawyer in the local.

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