Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on U.P. Zamindari Abolition and Land Reforms Act, 1951

Saturday, March 31, 2012
U.P. Zamindari Abolition and Land Reforms Act, 1951

U.P. Zamindari Abolition and Land Reforms Act, 1951 — Section 169 — Bequest by a bhumidar — Sub-section (1) permits a bhumidhar to bequeath his holding or any part thereof by making a will — Sub-section (3) however requires that this has to be done in writing, and the will has to be attested by two persons and it has to be registered — The only restrictions on this right are those provided under Sub-section (2-A), which in turn refers to sections 157- A and 157-B of the said Act. Section 157-A provides that in relation to a bhumidhar belonging to a Scheduled Caste, such land cannot be transferred to a person not belonging to a Scheduled Caste except with the prior approval of the collector. The other restriction is under section 157-B viz. that the land belonging to a Scheduled Tribe cannot be transferred except to a person belonging to a Scheduled Tribe.

 
U.P. Zamindari Abolition and Land Reforms Act, 1951

U.P. Zamindari Abolition and Land Reforms Act, 1951 — Section 152(1) — Held, Section 152(1) cannot be read to take away the right of a bhumidhar to bequeath his holding by a will.

 
U.P. Zamindari Abolition and Land Reforms Act, 1951

U.P. Zamindari Abolition and Land Reforms Act, 1951 — Section 169(1) — Bequest on favour of a female Hindu — Held, the bequest made under section 169 (1) in favour of a female Hindu, if it is a restricted one, shall remain a restricted one under sub-section (2) of section 14 of Hindu Succession Act, since the same will be governed by the terms of the will — Hindu Succession Act, 1956, Section 14(2).

 
U.P. Zamindari Abolition and Land Reforms Act, 1951

U.P. Zamindari Abolition and Land Reforms Act, 1951 — Section 169(1) and Section 169(2) — U.P. Act 30 of 1975 — A female Hindu in whose favour a restricted interest is created u/s 169(1) cannot take aid of Section 169(2) to contend that since Section 169(2) has been deleted, therefore, she now has an unrestricted interest and can bequeath her holding by will — Her interest would remain restricted in lieu of Section 14(2) of Hindu Succession Act, 1956 — Hindu Succession Act, 1956, Section 14(2).

 
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