PCS-J Mains Notes
U.P. ZAMINDARI ABOLITION AND
LAND REFORMS ACT, 1950
The Zamindari system in India was the
outcome of British rule. Lord Canning
was in fact the mind, who created the
landlords. The British conquerors
created the Zamindari system for reason
of expediency and administrative
convenience. The Zamindars were, in
fact, a convenient reactionary social base
for establishing foreign rule over
peasantry and people.
Fasli year -
1 Jaunuary to 30 June- Years-593
1 July to 31 December- Years-593
Vesting Order: Section 4 of the Act
provided that the vesting of the estates
was to take place from such date as the
State Government might notify in the
Gazette. On 1st date of July, 1952 all the
estates of intermediaries vested in the
State of Uttar Pradesh. This date is
called the "date of vesting".
Reasons for abolition of Zamindari:
The reasons as to why the
Zamindari system has been abolished is
not given in the Act. However, some of
the reasons can be given which are as
follows:
1. Under the Zamindari system
peasants were not recognised as
the owners of the land. The
tenants could be ejected by the
Zamindars at any time. The
cultivators had no fixity of
tenure and fixity of rent The
peasants were, therefore, not
giving their full capacity to
improve the productivity.
Therefore, in order to increase
the agricultural production, it
was necessary to remove the
intermediaries.
2. The various classes of
intermediaries, who were
functioning as rent receivers, did
nothing to improve the land and
left the land where they were.
The Zamindars were far from
the moral principle "he who
does not work shall not eat
either". Therefore, in order to
put everybody to work it was
desirable to remove the idle
class.
3. The Zamindar class was the
social base by the British to help
them maintaining their rule.
This British creation had to be
abolished.
4. In order to increase the state-
revenue the abolition of
Zamindari was inevitable.
5. Instead of improving the
condition of the cultivators and
the soil the landlords have been
responsible for the steady
improverishment of both the
cultivators and the land. They
have indulged in rack renting
and illegal exactions. Their
betrayal necessitated their
aboliitons.
6. The system had prevented the
nation from exploiting all the
natural resources for increaing
food production. It had become
intolerable by the peasantry. At
 PCS-J Mains Notes
the same time the Zamindari
was believed to have become
obsolete and outdated
institution. Therefore, it was
discredited everywhere in the
world. According to BEngal
Land Revenue Commission,
1940 "the Zamindari system has
developed so many defects that
it has ceased to serve any
nationalinterest. Eventually, the
system was abolished all over
the country.
Essential features of the UP
Zamindari abolition and land
reforms:
1. Abolition of Zamindari system:
The Act abolished from the date
of vesting i.e. 1st July1952, all
rights, interests and titles of
intermediaries and vested it in
State. The Act abolished the rights
of the intermediaries in the upper
portion of the land as well as in
the sub-soil.
2. Payment of Compensation
(Section 27): All Zamindars
whether big or small, natural or
artificial are entitled to get
compensation under the Act. The
compensation is to be paid to
them equal to eight times of their
net assests.
3. Payment of rehabilitation of
grant (Section 73): There is also
provision for payment of
rehabilitation grant. It is payable
on the ground rates ranging from
one of twenty times of the net
income.
4. Cultivating rights maintained:
The Act maintained the
cultivating rights of every person,
since the underlying policy of the
land law is "He who cultivates the
land they were cultivating.
5. Land tenure system simplified:
There were 14 types of land
tenures before the passing of the
Act. The Act substituted and
classified them into three classes
of tenure viz. Bhumidhar, Sirdar
and Asami. The Act also created a
fourth kind of land tenure vi.
Adhivasi, which were made
Sirdas in 1954.
6. Prohibition of letting sec-156: Act
prohibits letting as well as
subletting. If a tenure holder lets
his land his right shall come to an
end. (Section 165 & 167).
However, expections are created
in favour of woman, minor, idiot,
lunatic, blind person, student and
persons in detention or
imprisonment. [Section 157 (1)]
7. Prohibition for the accumulation
of land: According to Section 154
(1)j read with explanation I no
tenure holder with his or her
spouse and minor children can
acquired land by purchase or gift
as a result of which he becomes
entitled to land exceeding 12.5
acres in aggregate. Persons
already having more than 12.5
acres of land shall retain their
holdings but they cannot have any
other land by purchase or gift.
 PCS-J Mains Notes
8. Prohibition for the creation of
uneconomic holding: The court
shall instead of proceeding to
divide the land, which does not
exceed 5 bighas, direct the sale of
the same and distribution of the
sale proceeds in accordance with
the respective shares of the
parties. (Section 168 A provides
that holdings below 3.168 acres is
uneconomical holding and below
it cannot be transferred. But in
2006, this section has been
abolished.)
9. Uniforem rule of succession: The
Act provides for uniform rules of
succession. Now on the death of a
tenure holder interest in the
holding shall devolve to heirs
enumerated under Sections 171 to
175. The provision is applicable to
all the tenure holders, whether he
is Bhumidhar, Sidar, or an Asami
and whether he is a HIndu, a
Muslim or a person professing
religion other than HIndu and
Muslim.
10. Establishment of village
Republics: Before coming into
operation of this Act there were
Gaon Sabhas and Gaon
Panchayats. The Act established
two more institutions, viz. Gaon
Samaj and Land MAnagement
Committee. All the states vested
in the State Government were
later on vested in the Gaon Samaj
(now Gram Sabha) and were to be
managed by the Land
Management Committee (LMC).
The LMC is the special executive
body of the Gaon Sabha. All lands
of common utility, such as abadi
sites, pathways, waste land,
fisheries, village forests, public
wells, tanks and water channels
are now vested in the Gaon Sabha.
This makes the village a small
republic.
11. Well, trees and buildings settled
with the existing owner thereof
sec-9: All wells, trees the abadi
and all buildings situated in the
Zamindari estate were allowed to
be remained in the passion of
existing owners or occupiers
therof, and it would be deemed to
be settled with them as owners
thereof.
Aims and Objects the ZA and LR Act:
1. Abolition of Zamindari system.
2. The acquisition of intermediaries
rights on payment of copensation.
3. Substitution of bewildering
variety of existing land tenures by
a simple and uniform scheme.
4. Prohibition of letting and
subletting.
5. Development of village republic.
6. To prevent the creation of
uneconomic holding, and
prohibition of accumulation of
large holdings.
7. To encourage cooperative
farming.
8. To vest all lands of common
utitlity in Goan Sabha with wide
powers of land management.
 PCS-J Mains Notes
CONSEQUENCE OF VESTING AND
NEW LAND TENURES
The consequences of vesting of estates
in the State of UP are given below. The
concerned sections are 6, 8 and 9:
1. Sec 6(a)- All rights, title and interest
of all Zamindars in every estate
shall cease and be vested in the
state of UP free from all
encumbrances. Encumbrance
means free from any legal claim on
an estate. therefore, in case of
estates vested in the state the
charge or mortgage shall not go
with the estates. Section 6(a)
provides that every estate includes
land (cultivable or barren), grove
land, forestes whether within or
outside village boundaries, trees
(other than tress in village abadi,
holding or grove), fisheries, tanks,
ponds, water channels, ferries,
pathways, abadi sites, haats,
bazaars, melaas and mins and
minerals.
2. All grants and confirmation of title
to land in an estate shall come to an
end. Section 6 (b) provides that "all
grants and confirmation of title of
or to land in any estate so acquired,
or of or any right or privilege in
respect of such land or its land
revenue shall....... determined".
3. The rent, cess etc. shall now be
payable to the state government.
The Zamindars were deprived to
collect rents, cesses etc. Under an
agreement with the Zamindars,
before date of vesting, the same
shall,however, be realized by the
government from the ex-Zamindars
and not from the tenants [Section 6
(c) (ii)].
4. The unpaid dues from the outgoing
Zamindars shall continue to be
recoverable by the state
government even after the abolition
of Zamindari [Section 6(e)]. The
amount shalll be realized by
deducting it from the compensation
money payable to such
intermediary. The government may
also realize the balance by any
other mode provided under Section
279 of the Act.
5. The interest of the intermediary so
acquired in any estate shall not be
liable to attachment or sale in
execution of any decree or other
process of any court. If an
attachment has already been made
or an order of attachment has been
passed before the date of vesting, it
shall cease to be in force.
6. The estate shall be vested in the UP
free from all encumbrances even if
the estate was in the hands of the
mortgages. However, the ex-
mortgagee of the estate shall be
entitled to get his secured money
from the state government out of
the compensation payable to the
Zamindar.
7. All suits and proceedings regarding
Zamindari shall be stayed.
8. All mahals and their pattis (sub-
divisions) existing on the date
immediately preceding the date of
vesting shall come to an end.
 PCS-J Mains Notes
9. Any contract for grazing or
gathering of produce from land or
the collection of forest produce or
fish from any forest or fisheries
entered into after the 8th day of
August, between an intermediary
and any other person in respect of
any private forest, fisheries or land
laying in such estate shall become
void with effect from the date of
vesting (Section 8).
10. Consequence of vesting as to the
wells, trees and buildings - Section
9 provides - "All wells, trees in
abadi and all buildings suitate
within the limits of an estates,
belonging to or be held by an
intermediary or tenant or other
person, whether residing in the
village or not, shall continue to
belong or to be held by such
intermediary, tenant or person, as
the case may be, and the site of the
wells or the buildings with the area
appurtenant thereto shall be
deemed to be settled with him by
the state government on such
iterms and conditions as may be
prescribed".
Classes of Tenure-Holders:
Before coming into operation of the UP
Zamindari Abolition and Land Reforms
Act (UPZA&LR) 1950, there were 14
types of tenures. These divisions were
very complicated. Therefore, the Act has
abolished all the old varity of land
tenures and substituted them into four:
1. Bhumidhar
2. Sirdar
3. Asami
4. Adhivasi
Adhivasi was the
transtional form of land tenure.
Adhvasis were to disappear after 5
years from the sphere of land law, from
the date of the commencement of the
Act.
The UPZA&LR (Amendment)
Act 1958 added Section 133 A in the
UPZA&LR Act, which adds another
category viz. "government lesses". But,
the rights and liabilities of government
lessees shall be governed by the terms
and conditions of their lease and not by
the provisions of this Act.
The UP Land Laws (Amendment)
Act, 1977 converted all sirdas into
Bhumidhars and the Bhimidhars were
divided into two classes, viz (i)
Bhumidhar with transferable rights and
(ii) Bhumidhar with non-transfrable
rights. Asamis were left untouched.
Therefore from January 28, 1977, there
are three tenure holders in the land law:
1. Bhumidhar with transferable
rights.
2. Bhumidhar with non-tranferable
rights
3. Asami
1. Bhumidhar with transferable rights:
Section 130 of the UPZA&LR Act,
provides four classes of such
 PCS-J Mains Notes
Bhumidhars:
a. Every person who became
Bhumidhar on the abolition of
Zamindari.
b. Every person who became sirdas
on the abolition of Zamindari
and acquired Bhumidhari rights
by depositing ten times of the
land revenue.
c. Every person who was a sirdas
immediately before the
commencement of the UP Land
Laws (Amendment) Act, 1977
and had right to become
bhumidhar by depositing ten
times of the land revenue.
d. Every person who in any other
manner acquires the right of
bhumidhar with tranferable
rights under or in accordance
with the provision of this Act.
Bhimudhar with transferable rights is
the highest type of tenure holder. His
interest is permanent, heritable and
transable.
2. Bhumidhar with non-transferable
right: Section 131 and Section 131 A
of the UPZA&LR Act provide
following persons as Bhumidhar
with non-transferable rights:
a. Every person admitted as sirdas of
any land under Section 195 before
the date of commencement of UP
Land Laws (Amendments) Act
1977 or as a bhumidhar with non-
transferable rights under the said
section on or after the said date.
b. Every person who is or has been
allotted any land under the
provisions of the UP Bhoodan
Yojna Act, 1952.
c. With effect from July 1, 1981 every
person with whom surplus land is
or has been settled Section 26 A or
sub-section (3) of Section or after
the said date.
d. In the portion of District
Sonbhadra, South of Kaimur
Range, every person in cultivator
possession of any land, vested in a
Gaon Sabhe or belonging to the
state government, before June 30,
1978, provided:
i. It is not land notified under
Section 20 of the Indian Forest
Act, 1927.
ii. It does not exceed the
maximum ceiling area
determined under the UP
Imposition of Ceiling on Land
Holdings Act, 1960
iii. It is not land mentioned under
section 132 or section 133 A.
e. Every person who in any other
manner acquires the right of such a
bhumidhar under or in accordance
with the provisions of this Act.
The UP Zamindari Abolition and Land
Reforms (UPZA&LR) (Amendment) Act
1995 inserted section 131 B in the Act.
Accordingly every non-transferable
rights of bhumidhar who has already
completed 10 years or more from the
date of allotment of land, the person
will obtain transferable right in the land
and rest other persons who have got the
 PCS-J Mains Notes
possession of land later on, shall acquire
the bhumidhari and transferable right
after the completion of a period of ten
years. But, the person who has acquired
the bhumidhari transferable right in
land by way of sale, shall be further
ineligible for the grant of lease of the
land vested in Gram Sabha or land
declared as surplus in Up Imposition of
Ceiling on Land Holding Act, 1960.
3. Asami: The Act provides four classes
of persons as Asami. They are as
follows:
a. Every person who as a consequence
of Zamindari abolition became an
asami.
b. Every person who is admitted by
the Land Management Committee
by a bhumidhar as a lessee of land.
c. Every person who is admitted by
the Land Management Committee
or the person entitled, as a lessee of
land described in Section 132.
d. Every person who in any other
manner, acquires the rights of an
asami under thus Act or any other
law.
RIGHTS OF TENURE HOLDERS
The superior most is the bhumidhar
with transerable rights. His right is
permanent, hertiable and transferable.
His rights can be discussed as follows:
Rights of Bhumidhar with transferable
rights:
1. Right to use the land:
Section 142 (1) provides that a
Bhumidhar with transferable rights
shall, subject to the provisions of this
Act, have the right to exclusive
possession of all land of which he is
a bhumidhar and to use it for any
purpose whatsoever.
A bhumidhar may use his
holding not only for purposes
connect with agriculture,
horticulture or animal husbandry
but also for other purposes. A
bhumindhar with transferable right
has the right to use his land for any
purposes. He may keep his land
vacant so far it does not exceed 12.5
acres.
But, there are certain restrictions
imposed upon the bhumidhar with
transferable rights which are as
follows:
1. Where a bhumidhar has a land
exceeding 12.5 acres without using it
for 3 consecutive years for the
purpose of agriculture, horticulture
or animal husbandry etc. the
collector may issue a show cause
notice to such a bhumidhar. If the
collector is not satisfied by the
explanation given in response to the
said notice as to why the land is so
vacant, he may let the land to any
person. Such person should be called
an asami as if he has been admitted
to the land by the tenure holder
personally (Section 187 A). The
Collector, instead of himself letting
out the land, may direct the Land
Management Committee to do so.
2. A bhumidhar with transferable
rights has no right to appropriate
 PCS-J Mains Notes
minerals existing on his bhumidhari
land. Mines and minerals under the
Act have been vested in the state.
Only the usufruct of land is vested in
the tenure holder. Section 142 merely
gives right to bhumindhars as
tenure holders to the exclusive
possession of all land in respect of
which they are bhumidhars and to
use it for any purpose whatsoever. It
does not give right to bhumidhars to
use up the land forming the subject
matter of the bhumidhari. The
ownership of the corpus remains
with the state and bhumidhars are
entitled to use it as tenure holders.
The Supreme Court observed that
the right of the former Zamindars to
mines and minerals was
extinguished by UPZA&LR Act 1950
and became vested in the state
government. So long as the
proprietary right of the land was
vested in Zamindar he was entitled
to mines and minerals. With the
abolition of Zamindari that right was
passed on not to the appellant but to
the state government.
2. Right to transfer the land:
According to Section 152 (1) of
the UPZA&LR Act the interest of a
bhumidhar with transferable rights,
subject to the certain conditions,
shall be transferable. The right of
transfer is available to all the
bhumidhars with transferable rights
whether be a male or a female,
whether he is a Hindu or non-Hindu
and whether the bhumidhari land is
ancestral or self acquired.
Restrictions:
1. According to Section 154 no
bhumidhar shall have the right to
transfer, by sale or gift any land as a
result of which the purchaser or
done becomes entitled to land which,
together with land, if any, held by
his family, will in aggregate exceed
12.5 acres in UP. Transfer made in
contravention of this provision shall
be void and the following
consequence shall ensure:
a. The land shall, with effect from
the date of transfer be deemed
to have vested in state
government free from all
encumbrances.
b. The trees, crops and wells
existing on the land on the date
be deemed to have vested in
the state government free from
all encumbrances.
c. The transferee may remove
other movable property or the
materials of any immovable
property existing on such land
on the date of transfer, within
such time as may be prescribed.
2. Transfer by member of SC - Section
157 A of the UPZA&LR Act 1950
provides the restrictions on the member
of SC in transfer his holding.
Accordingly, a bhumidhar or asami
belonging to SC. With the previous
approval of the collector the transfer in
favour of a person of non-SC can be
made. The collector shall not grant
approval if the transferor holds the land
 PCS-J Mains Notes
less than 31/8 acres (1.265 hectares) in
UP or if the land so held by the
transferor is likely to be reduced after
such transfer to less than 31/8 acres in
UP. Transfer made in contravention of
this provision is void, and the land,
trees, crops etc. shall be vested in the
state free from all encumbrances.
Any SC person who has become
bhumidhar with transferable right
under Section 131 B can transfer the
land by way of sale, gift mortgage or
lease, with prior approval of Assistant
Collector, in favour of a person other
than belonging to SC prefeably to
landless agricultural labourer, marginal
farmer, small farmer and in case of non-
availability to any other person who is
residing:
a. In the village where land is
situated or
b. In the resident of panchayat
area of the village or
c. In case that resident of the
above a and b are not available
then in favour of the resident of
the adjoining to the panchayat
area.
If ant SC person in accordance
with the preference given above is not
available then the land will be sold in
favour of ST in order of preference.
3. Transfer by member of ST - Section
157 B - A bhumidhar or asami belonging
to ST is prohibited to transfer by way of
sale, gift mortgage or lease any land to a
person not belonging to such tribe.
Transfer made in contravention of the
provision will be void and the land,
trees, crops etc. shall be vested in the
state free from all encumbrances.
4. A bhumidhar cannot transfer any
land by way of sale or gift to a foreign
national, and a foreign national cannot
acquire any land by sale or gift without
prior permission in writing by the state
government. Transfer made in
contravention will be void.
5. In a consolidated area a bhumidhar
with transferable rights cannot transfer
by sale, gift or exchange any fragment.
Fragment means land of less extend that
3.125 acres. Transfer made in
contravention of the provision will be
void and the land, trees, crops etc. shall
be vested in the state free from all
encumbrances.
• This section 168 A has been delated
in 2004. Now transfer of holding of
Land below 3.125 acres is possible.
6. A bhumidhar with transferable rights
cannot mortgage any land belonging to
him where possession of the mortgaged
land is transferred or is agreed to be
transferred in future to the mortgage as
a security for the money advanced.
7. A bhumidhar cannot let his holding
or part thereof, except:
a. When he himself is a disabled
person enumerated under Section
 PCS-J Mains Notes
157 (1) or
b. Where the Lessee is a recognized
educational Institution for
providing instructions in
agriculture, horticulture or animal
husbandry including pisiculture
and poultry farming.
If a bhumidhar lets out his
holding or any part thereof in violation
of the provisions contained under the
Act, his interest will be extinguished.
The lessee would become a bhumidhar
with non-transferable rights if the total
area held by him, including the leased
land, does not exceed 12.5 acres. Where
the total area exceeds 12.5 acres, the
lessee would be treated as a purchaser
thereof and the lease will be void. The
High Court of Allahabad held that as
the appellant let out the land in
contravention of the provisions of
Section 156 and 157 of the UPZA&LR
Act, the respondent became bhumidhar
with non-transferable rights and the
interests of the appellant came to an
end. A plain reading of provisions
leaves no room of doubt that if a
bhumidhar lets out his holding in
contravention of Section 156 lessee
automatically became and deemed to be
bhumidhar with non-transferrable
rights (a sirdar before the amendment in
1977).
3. Right to Exchange- Section 161 (1)
provides that a bhumidhar, or gaon
sabha or local authority (like
municipality, town area or notified
area). This exchamge can be made only
with the prior approval of the Asst.
Collector 1st class.
On exchnage the tenure holders
shall have the same rights in the land so
received in exchange as they had in the
land given in exchange. But the land
revenue of the plots shall remain
unchanged.
The right of a bhumidhar with
transferable rights to exchange his land
is not unrestricted. he following
restrictions are imposed on his right to
exchange the land:
1. No bhumidhar can exchange the
fragment except where the exchange
is with the tenure holder who has a
plot contiguous to the fragment.
2. Gaon sabha cannot exchange is land
which is of public utility e.g. pond,
khalihan etc. (will effect from 23
August 2001).
If the restriction is violated the
exchange shall be void, and both the
lands with affect from the date of
exchange, be deemed to have vested in
the state government fre from all
encumbrances. The trees, crops and
wells existing on the date of transfer
shall, with effect from the said date, be
deemed to have vested in the state
government free from all encumbrances.
The collectormay take over
possession of such land or other
 PCS-J Mains Notes
property and may direct that any person
occupying such land or property be
evicted therefrom. The transferees may
remove other movable property or the
material of any immovable property
exisitng on such land on the date of
transfer.
4. Right to bequest (Section 169) - A
bhumidhar with tramsferable rights
may, by will, bequeath his holding or
any part thereof. Amongst the three
tenure holders only the bhumidhar with
transferable rights possesses this right.
Bhumidhar with non-transferable rights
and asami have no right to make will.
But such non-transferable right with
bhumidhar, who had been granted land
and is in the Act, will be deemed
bhumidhar with transferable rights of
bhumidhar and can execute a will. In
case of will, restrictions contained under
Section 154 are not applicable, that is to
say, the legatee may be a person who is
already in possession of more than 12.5
acres of land.
Distinction between male and
female and between females obtaining
land in succession from male and
otherwise have now been wiped off by
the UP Land Laws (Amendment) Act,
1975.
Restrictions:
1. A bhumidhar with transferable
rights belonging to SC cannot,
without the previous approval of
the collector, make a will in
favour of non-SC.
2. A bhumidhar with transferable
rights belonging to SC cannot
make a will in favour of a non-ST.
Any contravention of the
provisions of Section 169 will make the
will as void and ineffective.
5. Right to get declaration: Section 143
(1) provides where a bhumidhar with
transferable rights uses his holding or
part thereof for a purpose not connected
with agriculture, horticulture of animal
husbandry which includes pisiculture
and poultry farming, the Asst. Collector
in-charge of the sub-division may, suo
motu or on application, may a
declaration to that effect. Where the
proceedings have been started by the
Asst. Collector in-charge of the sub-
division on his own motion, he shall
issue notice to the bhumidhar
concerned, or he shall give him an
opportunity of being heard before
making such declaration.
When the declaration to the effect
is granted:
a. The succession to the land shall be
devolved by the personal law to
which he is subject; and
b. The provisions of CHapter VIII of
the Act shall cease to apply with
respect such land that is, he can
transfer even to such person who has
already more than 12.5 acres of land.
 PCS-J Mains Notes
6. Right to sue for division: Section 176
of the UPZA&LR Act provides that a
bhumidhar may sue for division of his
holding. TO every such suit the gaon
sabha concerned shall be made a party.
Section 177 says that one suit may be
instituted for the division of more than
one holding where all the parties of the
suit other than gaon sabha are jointly
interested in each of the holdings.
Provided that where the holdings are
situate in the jurisdiction of different
gaon sabha, all such sabhas shall be
made parties to the suit.
Section 178 provides for the
mode of division of a holding.
Accordingly, whenever in a suit for
division a Court finds that the aggregate
area of the holding or holdings to be
divided does not exceed three and one-
eight acres, the court shall instead of
proceeding todivided the holding or
holdings direct the sale of same and
distribution of proceeds thereof, in
accordance with such principles as may
be be prescribed. The sale proceeds shall
be distributed amonsgt the tenure
holders in accordance with their
respective shares. Where a co-tenure
holder has let out only a share in any
holding under sub-section (2) of Section
157 or duly acquired bhumidhari rights
under Section 134 (before the
Amendment of 1977) with respect only
to a share aforesaid, but in respect of the
remainder of the holding, the provisions
of subsection (1), if applicable, shall be
followed.
Where a Court has, under section
178 ordered a sale of the holding or
holdings, it shall order a valuation of the
same to be made in such manner as may
be prescribed and shall offer to sell the
same at the price so ascertained to the
co-tenure holders in such order of
preference as may be prescribed.
The forum of the suit shall be the
Revenue Court of Asst. Collector 1st
class.
7. Right of non-ejectment: According to
Section 199 "no bhumidhar shall be
liable to ejectment from his holding
except as provided in this Act". That is
to saya bhumidhar cannot be ejected
from his holding on any ground.
Exception is provided in Section
212. Accordingly, any person including
bhumidhar shall be liable not with
standing anything contained in Section
199, on the suit of gaon sabha to
ejectment from the land:
a. Where he was admitted a tenure
holder or gro\ve holder on a land
of public utility like common
pasture land, pathway, tank, etc., or
where he was a zamindar and
cultivated the land himself.
b. Where he was admitted as such on
or after August 8, 1946 and before
July 1, 1952; and
c. Where the suit was filed within 10
 PCS-J Mains Notes
years from the date of vesting.
(This provision has become obslete
since 10 years have already
elapsed).
Where the interest of a
bhumidhar is extinguished on an one or
more of the grounds mentioned under
section 189, the tenure holder ceases to
be a bhumidhar and his privilege of
claiming immunity of non-ejectment is
lost. Similarly, according to Sections 166
and 167 where a bhumidhar transfers
the land in violation of any provision of
the Act, the transfer will be void and the
subject matter of the transfer shall, with
effect from the date of transfer, be
deemed to have been vested in the state
government. The transferor if occupying
the land may be evicted by the collector.
Right of Bhumidhar with non-
transferable rights:
1. Right to use the land: Theis right is
provided under Section 142 (2) of the
Act. Accordingly, a bhumidhar with
non-transferable rights shall have the
right to exclusive possession of all
land of which he is such bhumidhar
2. Right to transfer the land: Section
and to use such land for any purpose
connected with agricultur,
horticulture or animal husbandry
which includes pisiculture, poultry
and social forestry. Purpose
connected with agriculture etc. will
depend upon the facts and
circustances of each case. But if,
a. Section 186: A bhumidhar with
non-transferable rights does
not use his holding for the
purpose as mentioned
undersection 142 (2) (that is for
a purpose connected with
agriculture, horticulture, social
forestry and animal husbandry
including pisiculture and
poultry farming) for two
consecutive years, the land may
be declared as abandoned land
by the tahsildar.
b. Section 157: a bhumidhar with
non-transferable rights being a
minor, lunatic or idiot has not
used his holding for a purpose
connected with agriculture,
horticulture etc. for two
consecutive agricultural years,
the LMC may admit on behalf
of such bhumidhar any person
as asami to the land.
c. If such a bhumidhar (disabled
or not) has not used his holding
for three consecutive yars
immediately preceding for a
purpose connected with
agriculture etc. and the area of
land is more than 12.5 acres, the
collector may let the land to
any person as an asami.
152 (2) says that the interest of a
bhumidhar with non-transferable
rights is not transgerable, but it is
heritable and permanent. Tje
UPZA&LR (Amendment) Act 1995
added section 131 B. The
consequence of the addition is that
every person who was a bhumidhar
with non-transferable rights
immediately before the
 PCS-J Mains Notes
commencement of the UPZA&LR
(Amendment) Act 1995 and had
been such bhumidhar for a period of
ten years or more, shall become a
bhumidhar with transferable rights
on such commencement. The person
who have been allotted later on and
has not completed the period of 10
years, shall be bhumidhar after
completion of the required period.
After acquiring the bhumidhar
right in land, such person have right to
alienate the land by way of sale to any
person but after transfer of land, the
transferor shall become in future
ineligible for leases of the land vested in
gram sabha or land declared as surplus
under UP imposition of Ceilling on
Land Holdings Act, 1960.
Exceptions:
There are certain circumtances in
which a bhumidhar with non-
transferable rights may make transfer.
These circumstances are as follows:
a. He may mortgage without
possession his interest in the
holding as a security for a loan
b. He may transfer his holding by
way of gift to a recognized
educational institution for a
purpose mentioned in Section 152
(3) and 156 (1) (b).
c. He can make a lease of his land to
anybody if he himself comes within
the category of disabled person.
If a bhumidhar with non-
transferable rights makes any transfer in
contravention of the provision of the
Act, the transfer shall be void.
3. Right to surrender - A bhumidhar
with non-trasferable rights and an
asami enjoy this right to surrender
his holding. Section 183 provides
that a bhumidhar with non-
transferable rights may surrender his
holding or any part thereof by
making an application in writing to
the tahsildar and giving a notice in
writing tot he LMC intimating his
interntion to do so and by giving up
possession thereof whether such
holding is or is not let. Provided that
no surrender of the holding or any
part thereof shall be made if the
same has been mortgaged under
sub-section (2) of section 153 and the
mortgage has not been fully
redeemed.
So far as the right of a bhumidhar
with transferable rights with respect to
exchange, to sue for division is
concerned, it is the same as in case of a
bhumidhar with transferable rights.
And in respect of the right to bequrest it
is also the same if under section 131 B,
the non-transferable right of bhumidhar
has completed 10 years.
Right of an Asami:
1. Right to use the land: According to
Section 146 an asami shall, subject
to the provision of this Act, have
the right to exclsive possession of
all land comprised in his holding
and to use husbandry which
includes pisiculture and poultry
 PCS-J Mains Notes
farming. Provided that any land
which is declared by the state
government by notification in the
Gazette to be intended or set apart
for taungya plantation shall not be
used by the asami thereof except
for purpose of growing agricultural
crops. The unauthorized use of the
land will follow the following
consequences:
a. An asami can be ejected for
using the land for unauthorized
purposes i.e., other than a
purpose connected with
agriculture, horticulture etc. He
will also be liable to pay
damages for such unauthorized
use.
b. If an asami does not use the
land for authorized, the land
may be declared by the
tahsildar as abandoned land.
2. Right to let the land: Section 156
provides two conditions in which
an asami can let the land in his
holding:
a. If he comes under the category
of disabled persons of section
157; and
b. To a recognized educational
institution for a purpose
connected with instructions in
agriculture, horticulture or
animal husbandry.
3. Right to surrender: The right of
surrender is available under the Act
to the bhumidhar with non-
transferable rghts and to an asami.
Section 184 provides that an asami
may surrender the whole of his
holding but not any part thereof by
giving a notice in writing top the
LMC or the land holder, as the case
may be, intimating his intention to
do so and by giving up possession
thereof.
4. According to Section 193 on
ejectment or on extinction of the
interest an asami ordinrily has
rights to remove the satanding
crops and any construction existing
on the holding. Section 203
provides the effect of ejectment.
5. According to Section 204 when an
asami is no more entitled to hold
the land or when the period of his
lease has expired, the landholder
must file a suit to eject the asami. If
such a suit is not instituted or a
decree obtained in such suit is not
executed within the period of
limitation, the asami shall become a
bhumidhar with non-transferable
rights on the expiry of that period.
6. Rights regarding rent is mentioned
in UPZA&LR Act under Sections
214, 215, 218, 219, 200, 226 and 226.
These rights are regarding
variation rent, suit for fixation of rent,
commutation of rent, remission of rent
etc. Important provisions are as follows:
a. Rent payable by an asami shall not
be varied except in case of decrease
or increase in the area of holding.
b. An asami on bring admitted tot he
occuption of land, shall be liable to
pay such rent as may be agreed
upon between him and his land
 PCS-J Mains Notes
holder or the gaon sabha.
c. Where the rent is payable in kind or
estimate or appraisement of the
standing crop etc., the Asst.
collector may at his own instance
and the instance of the gaon sabha
or land holder or asami, commute
the rent.
d. The state government may remit
the rent on the occurrence of an
agricultural calamity, payable by an
asami to a gaon sabha. The court
may also allow such remission
from the rent as may appear just.
GAON SABHA AND LAND
MANAGEMENT COMMITTEE
There are three institutions in the village
which are constituted and established
under UP Panchayat Raj Act, 1947. In
the year 1994 some amendments were
made in UP Panchayat Raj Act which
brought changes in the powers, rights
and duties of the members of these
institutions. These three institutions are:
gram sabha, gram panchayat and Land
Management Committee (LMC) or the
BHumi Prabandhak Samiti.
GRAM SABHA
Section 3 of the Panchayat Raj
Act provides for the establishment of
the Gram Sabha. It is a body consisting
of persons registered in the electoral
rolls relating to a village comprised
within the area of Gram Panchayat. It is
to be established by the state
governement for a village or a grup of
villages. The satate government after the
amendment in 1994 estan;osjed the gaon
sabha on the minimum population of
1000 voters.
The gram sabha is a comrporate
body having perpetual succession and
common seal. Gram sabha has the
power to acquires the property by
purchase, gift or otherwise. It can hold,
administer and transfer the movable or
immovable property. It can enter into a
contract, may sue or be sued.
Section 117 of UPZA&LR Act
provides for the vesting of certain lands,
etc. in gram sabha. The section
empowers the state government to
revest all or any of the things mentioned
therein in the gram sabha by delaration
through notification in the official
Gazette. The state governemnt, thus,
revested in the gram sabha the
following:
1. Lands (cultivable or not)
2. Forests, situated within the area of
gram sabha
3. Trees, other than trees in a
holding, or on a boundary of a in
a grove, or in the abadi.
4. Fisheries
5. Haats, bazaars and melaas, except
those which are vested in the
bhumidhar or owners of the
buildings or which are vested in
the Zila Panchayat under Section
119.
 PCS-J Mains Notes
6. Tanks, ponds, private ferries,
water channels, pathways and
abadi sites.
Jurisdiction of gram sabha: Gram sabha
has jurisdiction over all public
prosperities situated within its territorial
limits. The state government may
entrust in a gram sabha public
prosperities which are situated outside
the territorial limits of the gram sabha.
Such gram sabha or its LMC shall
perform, discharge or exercise the
functions, duties and powers assigned
or imposed or conferred by or under
this Act or the UP Panchayat Act. These
powers etc. will be subjected to
modifications or conditions as may be
prescribed.
Functions, duties and powers: They are
twofold:
1. Relating to land and
2. General powers and duties
LMC is responsible for the
functions, duties and powers in relation
to land etc., whereas the entrustment of
general acts other lands are with the
gram panchayat which acts on behalf of
the gram sabha.
There are certain functions which
are required to be performed only by
gram sabha e.g. to hold meetings twice
in each year. Section 11(1) of the
Panchayat Raj Act provides that these
meetings are to be held soon after the
harvesting of the kharif crop and the
other soon after the harvesting of rabi
crop. The other important function is "to
impose the taxes and fees" as mentioned
under section 37 of the Panchayat Raj
Act.
The gram pradhan is required to
call extraordinary meetings in which
development programmes shall be
considered along with other things.
GRAM PANCHAYAT
Gram panchayat is constituted under
section 12 of UP Panchayat Raj Act as an
executive committee of the gram sabha.
The members are elected from amongst
the members of gram sabha. Section 11
provides the scale in accordance of
which the number of members shall be
decided, 30% membership shall be
reserved for women. The UP Panchayat
Raj Act (Amendment) 1994 provides
that government have power to make
reservation of office of pradhan and up-
pradhan as per reservation policy to the
SC, ST and OBC. One-third of the total
member of offices of pradhan shall be
reserved for women.
Every person who is residing
under the gram sabha and has
completed 18 years of ages will be
entitled to contest the election of
panchayat and may cast his votew. But
if any person who desires to contest the
election for the post of office bearer shall
be deemed ineligible to contest the
election of panchayat.
 PCS-J Mains Notes
It is provided by the UP
Panchayat Raj (Amendment) Rules 1996
that at any moment if the members of
the panchayat feel that gram pradhan
or up-pradhan is not discharging his
duties properly, the members exercising
their powers under section 14 of the act,
a written proposal with reasons, in this
regard signed by not less than half of
the members shall be presented before
District panchayat raj officer, by at least
three signed members. The district
panchayat raj officer after being satisfied
shall fix the date by not later than 30th
day for the discussion against the officer
bearer in the gram sabha. On the day
either the district panchayat raj officer
will be present himself or any
authorized official will be deputed by
him to consider the matter in question
and after the discussion of 2 hours, by
secret ballot papers voting will be done
and thereafter result will be declared.
Section 15 and 16 of UP
Panchayat Raj Act mentions the
functions and duties of gram panchayat,
which are summarized as below:
1. Establishing and maintaining
primary schools for boys and girls
2. Arranging for the sanitation of the
village
3. Maternity and child welfares
4. Arranging and regulating the
sources of water supply for
drinking purposes
5. Establishment, management and
care of common grazing grounds
6. Allotment of places for storing
manure
7. Registering births, deaths and
marriages and maintenance of
other records as prescribed
8. Assisting the development of
agriculture, commerce and
industry.
LAND MANAGEMENT COMMITTEE
According to section 28 A of UP
Panchayat Raj Act the gaon panchayat
of every gaon sabha shall also be LMC
to assist it in the discharge of its duties
of up-keep, protection and supervision
of all property vested in the gaon sabha
under section 117 of the UPZA and LR
Act, and all other property vested in the
or coming into its possession under any
other provision of the UPZA and LR
Act.
The LMC consists of all the
members of gaon panchayat, lekhpal of
the gaon sabha is the secretary of the
LMC, while the secretary of the gaon
panchayat is gaon panchayat adhikari,
who is an employee of panchayat raj
department. The situation is thus the
same pradhan of gaon sabha is ex-
officio pradhan of its gaon panchayat
and the chairman of its LMC.
Functions and Duties:
1. The setting and management of
the land
 PCS-J Mains Notes

2. The conduct and prosecution of application to the collector for the

suits and proceedings by or ejectment from the land of public
against the gaon sabha utility mentioned under section
212 of the UPZA and LR Act.
3. The development and
improvement of agriculture 4. LMC, if empowered by the state
government, may collect and
4. The preservation, maintenance
realize the land revenue. The
and development of forests and
committee shall be paid a
trees
commission of 6.25% on the land
5. The maintenance and revenue collected and realized by
development of abadi sites and it.
village communications
5. Where a bhumidhar with non-
6. The management of haats, transferable rights, being a minor,
bazaars, melaas idiot or lunatic has not used his
7. The development of cottage holding for a purpose connected
industries with agriculture, horticulture or
animal husbandry which includes
8. The maintenance and pisiculture and poultry farming
development of fisheries and for two consecutive fasli years, the
tanks LMC may admit on behalf of the
9. The consolidation of holdings said bhumidhar any person as an
asami.
10. Such other matters as may be
prescribed 6. In some cases, LMC is entitled to
Power of LMC: take possession over land:
a. When a bhumidhar with
1. With the previous approval of
transferable rights dies
asst. collector, the committee can
heirless and without making a
admit any person in land vested
valid will.
in the gaon sabha or coming into
its possession under any b. When a bhumidhar with non-
provision of the law. transferable rights dies
heirless.
2. Where any property of the gaon
sabha is damaged or c. When a bhumidhar with non-
misappropriated, the committee transferable rights surrenders
shall inform asst. collector, who his holding or his holding is
will initate proceedings for abandoned.
ejectment and compensation d. When a bhumidhar is ejected
thereof. from the holding in
3. The chairman, secretary or a accordance with the provision
member of LMC may make an of the Act.
 PCS-J Mains Notes
e. When an asami of the gaon
sabha is ejected or dies
heirless.
7. LMC may with the previous
approval of the Asst. Collector in-
charge of the sub-division, allot
land for purposes of building
houses to members of SC, ST,
agricultural labourers or village
artisans.
8. LMC has right to deal with waste
land, forests and scattered trees.
Section 123A of the UPZA and
LR Act provides for the liability of the
members of the LMC.
Every member shall be liable for the
loss, waste or misapplication is a direct
consequence of neglect or misconduct of
the member of the LMC. A suit for
compensation may be instituted against
such erring member of the LMC or the
gaon sabha with the previous sanction
of the collector.
Gaon fund: Section 132 of the UP
Panchayat Raj Act provides for the
establishment of a gaon fund for each
gaon sabha. All sums received by the
gaon sabha, gaon panchayat or the
LMC, except damages and
compensation money shall be credited
to the gaon fund. This fund shall be
utilized for carrying out the duties or
obligations imposed upon the gaon
sabha or the gaon panchayat or the
LMC.
The fund will be raised from:
1. The proceeds of any tax imposed
under UP Panchayat Raj Act.
2. All sums handed over by the state
government to the gaon sabha
3. Sums contribution to the gaon fund
by the zila parishad or other local
authority
4. The sale proceeds of all dust, dirt,
dung or refuse collected by the
servants of the gram panchayats.
5. Sums received as tehbazari from
haats, bazaars and melaas
6. Sums received from the grant of
theka to take fist from ponds, tanks
and fisheries
7. All sums received by way of loan
or gift
8. All other sums as may be assigned
to the gaon fund by any special or
general order of the state
government.
The administration of the gaon
fund shall be in the hands of the LMC
subject to the general control of
tahsildar.
Consolidated gaon fund:
It shall be administered and
operated by the collector. Every gaon
sabha in the district shall pay annually
to the consolidated gaon fund as may be
fixed by the collector. The fund shall
also receive amount of compensation
and damages.
 PCS-J Mains Notes
CHAPTER 5
EJECTMENT OF TENURE HOLDERS
A tenure holder may be ejected
(except the bhumidhar with transferable
rights) from the possession of land by
the operation of law on certain grounds.
It can be studies under the following
heads:
1. Ejectment of trespasser: Section 209
of the UPZA & LR Act provides for
the ejectment of persons occupying
land without title, that is a
trespasser. According to the
provision of the Act when a person:
a. Taking or reataining possession
of land otherwise the in
accordance with the provisions of
the law for the time being in
force; and
b. Taking and retaining possession
without the consent of the tenure
holder concerned or in case of
land belonging to gaon sabha,
without the consent of gaon
sabha;
He shall be liable to be ejected from the
helding on the suit of the bhuimidhar,
asami or gaon sabha as the case may be.
Such a trespasser shall also be liable to
pay damages.
A trespasser is a person who
occupies the land without title.
According to Section 209 a trespasser is
"a person taking or retaining possession
of land otherwise than in accordance
with the provisions of the law for the
time being in force". Thus, the section
speaks of two types of trespassers, who
occupies the land without the consent of
the tenure holder from the very
beginning and secondly subsequently
loses that right.
Procedure: The suit for ejectment of a
person holding the land without title
and for damages is to be filed in the
Revenue Court of Asst. Collector 1st
class. The state government shall be
made a necessary party to such a suit. If
the concerned land belongs to a
bhumidhar or asami, the tenure holder
concerned should file the suit. If the
land has vested or come in the
possession of gaon sabha, then the suit
shall be filed by the gaon sabha
concerned. In case the asami of a
bhumidhar does not file a suit for
ejectment, the bhumidhar may take the
action, being the owner of the land.
Section 210 of the Act provides
for the consequences of failure to file
suit under section 209. It provides that if
a suit for eviction from any land under
section 209 is not instituted by a
bhumidhar or asami, or a decree for
eviction obtained in any such suit is not
executed within the period of limitation
provided for institution of such suit or
the execution of such decree, as the case
may be the person taking of retaining
possession shall:
a. Where the land forms part of the
holding of a bhumidhar with
 PCS-J Mains Notes
transferable rights, become a
bhumidhar with transferable right
of such land the right, title and
interest of an asami in such land
shall be extinguished.
b. Where the land forms part of the
holding of a bhumidhar with non-
transferable rights become a
bhumidhar with non-transferable
rights and the right, title and
interest of an asami, if any, in such
land shall be extinguished.
c. Where the land forms part of the
holding of an asami on behalf of the
gaon sabha, become an asami of the
holding from year to year.
But the above consequences shall not
ensure in respect of any land held by a
bhumidhar or asami belonging to ST.
Where the land belongs to the
member of a ST and it is held by a
trespasser, the Asst. collector may, suo
motu, or on the application of such
tenure holder, put him in possession of
such land after evicting the occupant
and may, for that purpose use or case to
be used such force as may be necessary.
Where the trespasser re-occupies the
land of such a member of ST without
lawful authority he shall be punishable
with imprisonment for a term which
may extend to two years but which shall
not be less than 3 month, and also with a
fine upto Rs. 3000, the minimum of
which shall not be less than 1000.
The limitation period to file a suit by the
bhumidhar or asami is 12 years. There is
no limitation period prescribed to file a
suit by the gaon sabha. Therefore, no
trespasser can acquire the status of a
bhumidhar with non-transferable rights
in the land belonging to gaon sabha.
Special procedure for gaon sabha land:
A suit for ejectment and damages of a
person without title may be filed by the
gaon sabha through the LMC in the
Revenue Court of Asst. Collector 1st
class. Therefore, the power to file the
suit against trespassers lies with LMC.
The gaon sabha manual (para 128)
provides that the conduct of litigation
shall not depend upon the individual
discretion of the Chairman of the bhumi
prabhandhak samiti, but shall be a
matter of resolution of the bhumi
prabhandhak samiti, but shall be a
matter of resolution of the bhumi
prabhanchak samiti as a whole. Para 128
is reasonable, complete and equitable
and lays down how the LMC can sue of
defend, therefore it must be held to be
mandatory.
There is also an alternative
provision, contained under section 122 B
of the UPZA & LR Act, which provides
for the ejectment of a trespasser.
According, "where any property vested
under the provision of this Act in a gaon
sabha of local authority is damaged of
misappropriated or where any gaon
 PCS-J Mains Notes
sabha or local authority is entitled to
take or retain possession of any land
under the provisions of this Act, the
LMC or local authority as the case may
be, shall inform Asst. Collector
concerned in the manner prescribed".
The collector shall take action
accordingly. He shall issue notice to the
person concerned to show cause. If the
person alleged to have to have caused
caused such damage fails to show cause
within the time specified, or the cause
shown is found to be insufficient the
asst. collector may direct that such
person may be evicted from the land.
2. Ejectment from land of public utility:
Section 212 of the UPZA and LR Act
provides, "any person who on or
after the 8th day of August 1946 has
been admitted as a tenure holder or
grove holder or being an
intermediary has brought under his
own cultivation or has planted a
grove upon land which was
recorded as or was customary
common pasture land, cremation or
burial ground, tank pond, pathway
or khalihan, shall be liable, not
withstanding anything contained in
section 199, on the suit of the gaon
sabha to ejectmint from the land, on
payment of such compensation as
may be prescribed".
Therefore, in order to eject a person
under section 212, the following
condition must be satisfied:
1. The person must have been
admitted as a tenure or grove
holder, or he was an intermediary
who had planned a grove upon
the land or brought the land
under his own cultivation;
2. Such plantation etc., was made on
or after 8th August 1946;
3. The plantation, admission or
cultivation must have been on
land which was recorded as or
was customary common pasture
land, cremation or burial ground,
tank or pond, pathway or
khalihan.
4. The suit for ejectment must have
been filed within 10 years from
the date of vesting .
Section 212 A provides the summary
procedure for ejectment from land of
public utility:
1. The Chairman, member or
secretary of a LMC may make an
application to the collector for
ejectment.
2. If the collector is satisfied from the
particulars of the application that
there is sufficient ground for
proceeding he shall make an order
in writing stating the grounds of
his being so satisfied and
requiring the person against
whom the application is directed
to appear within a time to be fixed
by him and to show cause why an
order of ejectment be not made
against him.
3. If the person does not appear in
pursuance of notice, the collector
may make an order for his
 PCS-J Mains Notes
ejectment from the land.
4. If the person appears before the
collector and puts his objections
thereof, and the collector is
satisfied that the person who
admitted as tenure holder or
grove holder or he is an
intermediary who has brought the
land under his own cultivation or
planted a grove thereon, on or
after 8th August 1946, he shall pass
on order for ejectment of the
person from the land on payment
of such compensation as may be
prescribed.
If no order for payment
compensation is made the ejectment
shall be void. The compensation payable
on ejectment shall be equal to the cost of
improvement, if any, made upon the
land and one year's rent computed at
hereditary rates. In addition to it, if
there is standing crops or trees the
tenure holder is entitled to get
compensation for it.
3. Ejectment of a bhumidhar: Section
199 of the UPZA and LR Act declares
that no bhumidhar shall be liable to
ejectment from his holding except as
provided in this Act. That is to say a
bhumidhar is immune from ejectment
e.g. if a bhumidhar keeps his land
vacant for a period of twenty years, he
cannot be ejected, although his holding
can be sold in the realization of the
arrears of revenue.
Exception is provided under section 212
which provides that any person
including a bhumidhar shall be liable
notwithstanding anything contained in
section 199, on the suit of gaon sabha to
ejectment from the land:
a. Where he was admitted as a tenure
holder or grove holder on a land of
public utility like common pasture
land, pathway, tank etc., or where
he was a zamindar and cultivated
the land himself;
b. Where he was admitted as such on
or after August 8, 1946 and before
july1st 1952.
of
c. Where the suit was filed within 10
years from the date of vesting (this
condition has already elapsed).
The immunity of non-ejectment is
available to a bhumidhar so long a
tenure holder remains a bhumidhar.
Where the interest of bhumidhar is
extinguished on any one or more of the
grounds mentioned under section 189 of
the UPZA and LR Act, the tenure holder
ceases to be a bhumidhar and his
privilege of claiming immunity of non-
ejectment is lost.
Similarly, where a bhmidhar with
transferable rights transfers the land in
violation of any provision of the Act, the
transfer will be void and the subject
matter of the transfer shall, with effect
from the date of transferor, be deemed
to have been vested in the state
government free from all legal liabilities.
 PCS-J Mains Notes
The transferor or the transferee, if
occupying the land may be evicted by
the collector.
The interest of a bhumidhar with
non-transferable rights is not
transferable. But he can make a gift or
lease in favour of educational
institution. Secondly, if he is a disabled
person, he can let his land to any
person. If he transfers his holding
otherwise than in the above two
conditions, the transfer shall be void.
The subject matter of such transfer shall
be vested in the state government free
from all legal liabilities and the person
who occupies the land may be evicted
by the collector.
4. Ejectment of an Asami: the grounds
for the ejectment of an asami are as
follows:
a. The interest of an asami in the
holding is neither permanent nor
transferable but only heritable.
Since the interest of an asami is not
transferable, he can be ejected from
his holding if he makes transfer in
contravention of the provision the
Act. only two exceptional
conditions are provided when he
can transfer his holding, namely, in
favour of an educational institution
and if he is a disabled person.
b. Section 146 para 2 provides that
where any land is declared by the
state government for taungya
plantation, it shall not be used by
asami for any other purpose. If he
uses such land for any other
purpose he shall be liable to be
ejected.
c. If there is an unsatisfied decree of
arrears of rent outstanding against
him and such decree can be
executed by ejectment [section
202(h)]
d. If an asami was admitted n the
land of public utility on or after
August 8, 1946 under section 212,
he can be ejected within the
limitation period of 10 years from
the date of vesting
e. Where an asami is holding sir or
khudkasht of an ex-zamindar in
lieu of maintenance allowance, he
will be ejected after the period of
maintenance allowance expires.
f. According to the provisions of
UPZA and LR Act, no tenure holder
can mortgage his holding or part
thereof in which possession is
transferred to the mortgaged. But,
on the abolition of zamindari all
mortgagees of tenants became
asamis, whether the mortgage itself
was valid or not. Such mortgagee
can be ejected on the suit of
mortgage if the mortgage has been
satisfied of the amount owing
under the mortgage has been
deposited in the Court.
g. If an asami was let the land for
taungya plantation, and the
cultivation of the agriculture crop
has become impossible on account
of grown up trees, the asami can be
ejected.
 PCS-J Mains Notes
h. Where an asami has been
admitted by the disabled tenure
holder under section 157 (1), or has
been admitted by LMC under
section 187 in the holding of a
minor, idiot or lunatic, he can be
ejected on the suit of land holder, if:
1. The disability has determined;
or
2. The land holder wishes to
bring the land under his
personal cultivation and
where the lease is for a fixed
term, such term has expired .
i. Where interest of a land holder
extinguishes from the holding, the
asami’s interest also gets
extinguished.
Remedies to an asami for wrongful
ejectment: Section 200 of the Act
declares that no asami shall be ejected
from his holding except as provided in
this Act. An asami has remedies under
section 209 and 212 B for his wrongful
ejectment.
Where an asami ejected from, or
prevented from obtaining possession of
any land forming part of his holding
otherwise than in accordance with the
provision of the law by (i) his land
holder; or (ii) any person claiming a
land holder and to have a right to eject
him; or (iii) any person admitted to, or
allowed to retain possession of the land
by such landholder or person, may sue
the person ejecting him or keeping out
possession.
Remedies to an asami are:
1. For possession of land
2. For compensation for wrongful
dispossession.
3. For possession of land and for
compensation for wrongful
dispossesstion.
CHAPTER 6
COMPENSATION AND
REHABHILITATION GRANT
The UPZA and LR Act
abolished the zamindari system from
the sphere of land law. The zamindars
were dispossessed of their estates by the
state government. The state government
took over the property and estates of all
intermediaries in lieu of compensation
and rehabilitation grant. The provisions
regarding compensation and
rehabilitation grant are contained in
section 65-105 of the Act.
The compensation is meant
to recompense the person who is
deprived of his property. While the
rehabilitation grant is paid to zamindars
to give them opportunity to find new
and useful options for rehabilitation.
The points of distinction between
compensation and rehabilitation grant
can be summarized as under:
1. Compensation is paid to all the
intermediaries including a thekedar
while rehabilitation grant is paid to
some intermediaries and never to a
 PCS-J Mains Notes
thekedar.
2. Compensation is paid at flat rate of
eight times of the net assets
whereas rehabilitation grant is paid
at a graded rate ranging from one
to twenty times of the net assests.
3. Application for the payment of
compensation is not necessary but
an application is necessary for
payment of rehabilitation grant.
4. Compensation is paid with effect
from the date of vesting. Except in
case of waqf, trust or endowment,
the rehabilitation grant is paid from
the date on which the amount of
compensation has been
determined.
5. Interim compensation is paid while
interim rehabilitation grant is not.
6. While deciding the amount of
compensation, transfer of estate by
sale or gift is to be recognized,
whereas transfer by ways of sale or
gift of any estate or part thereof
made on or after the 1st july1948
shall not be recognized in case of
rehabilitation grant.
7. Arrears of land revenue and
specific government dues are to be
recovered from the compensation,
but they are not recoverable from
the rehabilitation grant.
8. “Zamindari Abolition
compensation Bonds” shall carry
interest at the rate of 2.5% per
annum from the date of vesting
while “Zamindari Abolition
Rehabilitation Grant Bonds” are
non-interest bearing bonds.
9. Appeal shall lie from the order of
compensation officer to the district
judge and second appeal to High
Court. In case rehabilitation grant
the appeal shall lie to the district
judge from the orders of the
Rehabilitation Grant Officer. Only
revision petition may lie to the
High Court and not second appeal .
CHAPTER 7
LAND REVENUE
Revenue is a tax imposed by
the state and is fixed in accordance with
some principles incorporated in a
statute. Land revenue is a tax on land or
its produce paid to the government. The
exclusive jurisdiction has been conferred
on the revenue courts relating to land
revenue. All land held by a person who
is or is deemed to be a bhumidhar as
such and wherever situate, is liable to
the payment of land revenue to the state
government except such land as may be
exempted whether wholly or partially
from such liability by grant of, or
contract with the state government .
Section 243 provides for the
persons who are liable to pay land
revenue. It runs thus "all bhumidhars in
any holding shall be jointly and
severally responsible to the state
government for the payment of land
revenue for the time being assessed
thereon”. That is to say that the liability
for the payment of land revenue is not
 PCS-J Mains Notes
only upon all bhumidhars but also upon
all persons succeeding by inheritance,
purchase, gift, exchange or otherwise to
the interest of such bhumidhars and
they shall be responsible of all arrears of
land revenue due at the time of their
succession.
Principles of assessment of land revenue:
These principles are contained under
section 264 which may be stated thus:
1. The settlement officer at first
ascertains the estimated average
surplus produce of a holding.
2. The average surplus produce will
be found out by deducting the
ordinary expenses of cultivation
from the average estimated yield of
the land.
3. The ordinary expenses of
cultivation will be determined in
such manner as may by proscribed
by Rules.
4. The land revenue will be such
percentage of the surplus produce
as may be fixed by a resolution of
the UP Legislature passed after
considering the recommendations
of the state government.
5. The percentage of revenue to the
surplus produce shall be on a
graded scale being highest in the
case of a holding with the highest
surplus produce and lowest in the
case of holding with lowest surplus
produce.
Arrangement for collection of Land
revenue:
According to section 275 the
state government may make such
arrangements and employ such agency
for collection of land revenue as it may
deem fit. Therefore, the power of
responsibility to collect and realize the
land revenue is upon the state
government. The government may do
this through its staff or may give lease
or theka to private individuals, a body
of individuals or may entrust the duty
of collecting the land revenue to the
LMC.
The state government has
delegated its power to realize the land
revenue to the collector. He is
responsible for collection of land
revenue and other government dues
recoverable as arrears of land revenue in
his district. The tahsildar has been
charged with responsibility for the
maintenance of all record, account and
collection of land revenue and other
government dues recoverable as arrears
of land revenues within his tehsil. The
collection of land revenue is actually
made by the Amin.
Procedure for recovery of an arrear of
land revenue under section 279:
The land revenue is collected
and realized for the fasli year
commencing from the 1st july and
ending on 30th June. It is payable in two
instalments viz., kharif and rabi. If the
land revenue or any instalment thereof
 PCS-J Mains Notes
is not paid or before the due date, it
becomes arrears of land revenue and the
persons liable for it become defaulter.
Section 279 (1) of the UPZA
and LR Act provides for the procedure
as to the recovery of land revenue from
such a defaulter. Accordingly, an arrear
of land revenue may be recovered by
any one or more of the following
processes:
1. By serving a writ of demand or a
citation to appear on any defaulter.
2. By arrest and detention of his
person.
3. By attachment and sale of his
movable property including
produce.
4. By attachment of the holding in
respect of which the arrear is due.
5. By lease or sale of the holding in
respect of which the arrear is due.
6. By attachment and sale of other
immovable property of the
defaulter.
7. By appointing a receiver of any
property, movable or immovable of
the defaulter.
CHAPTER 8
SUCCESSION
This UPZA and LR Act has
abolished the religion from the sphere of
land law. Now the tenancy shall be
devolved in accordance with the law
contained under sections 169 to 175 of
the Act, whether the tenure holder is a
Hindu, Muslim, Christian or he follows
any other religion.
Thought the religion has been
abolished from the sphere of land law
yet the sex has been retained. If the
deceased was a male, the devolution
shall be in accordance with the principle
contained under section 171.
Sec. 171 (2) U.P.Z.A & L.R
Following persons are entitled to
inherit property in case of death of Male
relative dies intestate (without making
will)------------------------U.P.Z.A & L.R.
Act
a. Widow, unmarried, daughter,
male lineal descendent per strip.
Provided that the widow and the
son of a predeceased son how
low-so ever per stripes shall
inherit the share which would
have devolved upon the
predeceased son had he been
alive.
b. Mother & Father.
c. Unmarried daughter.
d. Married daughter.
e. Brother and unmarried sister
f. Son's daughter
g. Father's mother & father's father.
h. Daughter's son.
i. Married sister.
 PCS-J Mains Notes
Expl:- Widow includes, widow of per
deceased son, there we know that son of
pre deceased son is clause (a) heir. But
daughter of pre deceased son of clause
(f) heir. And similarly daughter's son is
clause (h) heir.
and if the deceased was a female,
the succession will be as laid down
under sections 172 and 174. Section 172
(1) mentions the estate of a woman as a
limited one. But, it is notable that this
limited estate is not the same as it was
enshrined the old Hindu law. The
concept of "limited interest" is unknown
to the zamindari law of succession and
transfer. It is available to all bhumidhars
with transferable rights whether be a
female or male Hindu or non-Hindu. It
is clear from the provision section 152.
The Supreme Court has also laid down
that there is nothing in section 152 from
which it may be inferred that the
interest of a female bhumidhar is
anything less than the interest held by a
male bhumindhar. Under the Act, she is
the owner of the property. The entire
estate is vested in her. What is
contemplated by section 172 (1) is not
the limited estate of old hindu law. Her
estate is limited in the sense that "on her
death, remarriage, abandonment or
surrender, the holding shall devolve not
upon her heirs, but upon the lase male
tenure holder to whom the female had
herself succeeded". Yet it can be said
that to some extent, sex has been
retained in the sphere of land law in
matters of succession.
Further, the concept of
coparcenary property and son's right by
birth in the ancestral property have not
been recognized by the provision of the
UPZA and LR Act. The powers of karta
under the Hindu law would not be
available in respect of bhumidhar rights.
Succession to a female holding an
interest:
When a tenure holder is a female
and has not inherited the land from a
male, on her death the landed property
(holding) shall devolve in accordance
with the provision contained under
section 174. That is to say if a female
purchases some holding herself or
acquires land by gift or even adverse
possession, her heir shall succeed her on
her death.
The heir mentioned in order of
preference are the following:
a. Son
Son of a predeceased son
Son of a predeceased son of a
predeceased son
Son's widow who has not remarried
Son's son's widow has not remarried
and who has no husband's parents.
The succession shall be:
 PCS-J Mains Notes
i. per strips
ii. in equal shares
b. Husband
c. Delected
d. Daughter
e. Daughter's son
ee. Father
eee. Mother
f. Brother
g. Brother's son
h. Sister
i. Sister's son
When a widow inherits the holding
from her husband and remarries, she
losses her right to the inherited holding.
And if a suit to eject her is not filed
within the limitation period, she
becomes fresh stock of descent and on
her death the holding devolves upon
her son born after remarriage. Land
gifted by father-in-law to the daughter-
in-law will be governed by the
provisions of section 174 of the Act.
The heirs under section 174 will
be full owners, whether they are males
and females.
Section 175: Passing of interest by
survivorship:
"In case of a co-widow of a co
tenure holder, who dies leaving no heir
entitled to succeed under the provisions
of this Act, the interest in such holding
shall pass by survivorship". Therefore,
the rule of survivorship has been
recognized in the Act only in two cases,
viz., in the case of a co widow or a co
tenure holder, who dies leaving no heir
entitled to succeed under the provisions
of the Act.
Murderer is not disqualified from
succession:
The principles of justice, equality
and good conscience demands that a
murdered should be excluded from
succeeding the estate of murdered
person.
CHAPTER 9
RECORD OF RIGHTS AND
MUTATION PROCEEDING
Record of rights are the original
records framed by the Record Officer
during the record operations which are
conducted in accordance with chapter
IV of the Land Revenue Act. It is the
study of the Collect to maintain the
record of rights and for that purpose he
shall annually or at such longer
intervals as the state government may
prescribe cause to prepared an amended
register. The register so prepared shall
be called "annual register".
Annual Register:
Annual register, which is also
known as khatauni, is the amended
edition of the record of rights. It has to
be prepared by the collector annually or
 PCS-J Mains Notes
at a prescribed time. The collector shall
cause to be recorded in annual register:
a. All successions and transfers in
accordance with the provisions of
section 35 or
b. Other changes that may take place
in respect of any land and shall also
correct all errors and omissions in
accordance with the provisions of
section 39.
Provided that the power to record a
change under clause be shall not be
construed to include the power to
decide a dispute involving any question
of title.
When the annual register is
prepared the collector shall cause to be
prepared its extract and supply it to the
person concerned, which will be called
as Kisan Bahi. It shall be a consolidated
pass book for all the holdings of a
tenure holder in respect of land held by
him as bhumidhar whether with or
without transferable right, asami or
government lessee.
Khatauni is prepared six yearly.
The khatauni consists of 13 columns.
The name of tenure holder, fathers name
and residence duration of occupancy,
amount of revenue or rent etc. are
specially mentioned in the khatauni and
which is not found in any other records
or paper.
Changes in Khatauni;
Section 33(3) of the UP Land
Revenue Act expressly provides that no
such change or transaction shall be
recorded without the order of collector
or an hereinafter provided of the
tahsildar or kanungo. But under para A
153 of the Land Records Manual, the
Lekhpal is authorized to make on his
own initiative in the following two
cases:
1. Division and union of fields
2. Entry of minor's age and the name
of his guardian.
Mutation proceedings:
It is popularly known as dakhil
kharif. The dakhil kharif proceeding
starts wherever there is a change in the
possession of the land whether by
succession or transfer or otherwise, the
change is record in the khatauni by way
of "mutation proceedings".
The refore, the mutation
proceeding starts with the change in the
possession of the land. This change may
occur:
1. By succession or
2. By tranfer
Section 33 A of the Land Revenue
Act provides that where a person
obtains possession of any land by
succession, the Kanungo shall make
such enquiry as may be prescribed and
 PCS-J Mains Notes
if the case is not disputed record the
same in the annual register.
Whenever, the Kanungo comes to
know the death of a tenure holder, he
must enquire into the matter and if he
comes to the conclusion that the
succession is disputed he must strike off
the name of the deceased and enter the
name of the heir or heirs of the deceased
in his place.
Section 34 (3) speaks about
mutation on ground of transfer.
Accordingly, every person obtaining
possession of any land by transfer must
report such transfer to the tahsildar or
the tehsil in which the land is situate.
The word transfer includes:
1. A family settlement by which the
holding or part of the holding
recorded in the record of right in
the name of one or more members
of that family is declared to
belong to another or other
members; or
2. An exchange of holding or part
thereof under section 161 of
UPZA and LR Act.
Every report to tehsildar under
section 34 shall be in writing. This
report shall specify the following:
1. The name of the village where the
land has been acquired.
2. The name, parentage and residence
of the person who has acquired.
3. Description of the right and the
manner in which it has been
acquired.
4. The rent on which the right has
been acquired and
5. The revenue or the rent of the land
acquired.
CHAPTER 10
MISCELLANEOUS
1. Cooperative farming society:
The law relating to cooperative
farming is contained under the UP
Cooperative Societies Act. Chapter
XI of this Act, 1965 is concerned
with the cooperative farming. The
cooperative farming society is the
society formed and registered
under the above Act.
Any ten or more person:
a. Holding bhumidhari with
transferable or non-transferable
rights in lands in gaon sabha, and
desiring to pool it; or
b. Intending together to obtain, in the
name of the society, land in gaon
sabha, by purchase, lease or
otherwise to form a society.
Object of society:
The object of the society is to
encourage thrift, self-help and
cooperative spirit and to promote
economic, social and cultural
interest of its member. The
particular object is to arrange for
the pooling,joint cultivation and
joint management of the land, and
 PCS-J Mains Notes
practice farming on modern and
scientific line for increased and
economic production.
Purpose:
The purpose of the cooperative
farming society may be agriculture,
horticulture, sericulture,
pisciculture, poultry farming,
piggery or animal husbandry.
Along with any one or more
purposes, the development of
cottage industry, subsidiary to any
such purpose, may be included in
the purpose of the society.
Section 87 of Act provides that
the cooperative societies shall be
entitled to the following
concessions, facilities and priorities:
1. Reduction in land revenue
2. Reduction in irrigation charges
3. Reduction in taxes by local bodies
4. Reduction in sales tax on the
purchase of diesel oil, petrol and
mobil oil for agriculture purposes
5. Priority in the grant of taqavi
6. Priority in the construction of
irrigation and other projects by the
state government.
7. Priority in the supply of water for
irrigation, seeds, manures, fertilizers
and other articles necessary for farm
production.
8. Priority in the marketing of farm
produce
2. Declaratory Suit:
A declaratory suit is that suit in
which the plaintiff requests the
court to declare his legal status.
Under the UPZA and LR Act, the
provisions for declaratory suit are
as follows:
a. Declaratory suit by gaon sabha:
Section 229 of UPZA and LR Act
provides that the gaon sabha may
institute a suit against any person
claiming to be entitled to any land
for the declaration of the right of
such person in such land, and the
Court in its discretion may make a
declaration of the right of such
person and gaon sabha need not in
such suit ask for any further relief.
This provision of UPZA and LR Act
is not subject to Section 34 of the
Specific Relief Act, 1963. The Court
shall not make any such declaration
where the Gaon sabha being able to
seek further relief than a mere
declaration of title, omits to do so.
The forum to file such suit is Asst.
Collector first class. The first appeal
shall lie to the commissioner and
second appeal to the Board of the
Board of Revenue.
b. Declaratory suit by an asami:
according to section 229 B an asami
may institute a suit for declaration of
his status against his land holder.
“Any person claiming to be an asami
of a holding or any part thereof
whether exclusively or jointly with
any other person, may sue the
landholder for the declaration of his
rights as asami, in such holding or
 PCS-J Mains Notes

part, as the case may be.” The forum Section 201 (Adverse Possession)
is the Revenue Court of the Asst.
Collector 1st class. If Bhumidhar fails to file a suit within
12years, Trespasser gets the right of
c. Declaratory suit by a bhumidhar: Bhumidhar Transferable Right of
Section 229 B applies also to a suit by Bhumidhar with non-Transferable Right
a person claiming to be a as the case may be but this rule is not
bhumidhar. Therefore, any person applicable in case of land belonging to
claiming to be a bhumidhar of a S.T. Gaon Sabha.
holding or any part thereof, whether
exclusively or jointly with any other Section 122-B
person, may institute a suit for
declaration of his rights as a If trespasser is on land of Gaon sabha
bhumidhars. The state government then L.M.C. will inform to Assistant
or the concerned gaon sabha shall Collector an Assistant Collector after
also be impleded as defendants. A enquiry ejects the trespasser.
bhumidhar may file a suit not only Allotment
for the declaration of his own rights
in the holding but also for the
declaration of the right of any person
claiming to be an asami in the
holding of the bhumidhar. When a Housing site Agriculture - Land
bhumidhar has been dispossessed, Sec. 122-C
he must file a suit under section 209
by L.M.C. & by LMC
for the ejectment of the trespasser
and also for the possession of the 122 (c) Asst. collector 195 197
land. Where a bhumidhar is joint
List of allotee Land vested Land in
with other bhumidhar he may
institute a declaratory suit of his own SC, ST, OBC, General in Goan Gaon
share in the holding or holdings. It is
Landless Sabha u/s Sabha
not necessary that he should ask for
Ag. Labour 117, 19 u/s 132
partition.

By 122 (C) (1) by A.C. Allottee gets Allottee

UPZALR Act (summary)
122 (C) (2) - LMC rights of will be
Ejectment of Trespasser Housing site Bhumidhar asami
with N.T.R.
Section 209 provides that suit file by
Bhumidhar in Assistant Collectors court
List of Allottee u/s 198
to eject trespasser State Govt. must be a
necessary party.
 PCS-J Mains Notes
132:- No Bhumidhar right right accure
in Pasture land, river land etc.
131 - B: BNTR will become BTR in 10
year after - 1995.
131 - A: Allottee of land u/s 117 gets
BNTR.
Right of Bhumidhar with transferable
rights
(1) Right to use sec - 142
Restriction
A- Where land exceeds 12.5 acres
B - Right not to appropriate minerals
(2) Right to Transfer sec - 152
Restriction
A. Sec - 154+166, 167 where
purchaser exceeds 12.5 acres
But e-garden is an exception. Sub
clauses (3) aided in 2005 further
provides that transfer for more
than 12.5 acre can be made with
prior approval of state govt. and if
no such prior approval has been
taken such transfer can be
regularized by payment of 25%
fine of cost of land.
B. By member of S.C. - 157 A
C. By member of S.T. - 157 B
D. No transfer to foreign national 154
-A
E. No transfer of fragment 168 - A
(Deleted)
F. No possessory mortgage 155 + 164
G. No lease of land - 156 + 165
(3) Right of Exchange sec - 161
(4) Right to bequeath Sec - 169
Restriction
S.C. Make with S.C.
(5) Right to get declaration Sec - 143
(6) Right to sue for division sec - 176
(7) Right of non- ejectment sec - 199
(8) Sec 161:- Exchange
Important Section
1) Sec 1644 :- Effect of possessory mortgage
is sale (Sec. 155)
2) Sec 165 - Lease in contravention of Sec
157 if lessee has not exceeds 12.5 acres
then he became bhumidhar with NTR. If
land exceed 12.5 acre of land then lessee
become purchaser of land.
3) Sec 161/167 - Effect of void transfer
4) Sec 169 - Bequest by bhumidhar
5) Sec 170 - Bequest by Bhumidhar with
NTR & Asami
6) Sec 171 - Succession of male's property.
7) Sect 172 - Succession of women property
inherited as widow, mother or
daughter.
8) Sec 174 - Succession of women property
under the Sec 172.
9) Sec - 143:- Declaration
10) Sec- 153:- Asami has no right to Transfer
11) Sec-154:- Restriction on transfer
Bhumidhar, if transferee has more 12.5
acre + Sec - 166, Sec - 167 :- Transfer
made in contravention be void.
 PCS-J Mains Notes

Sec - 209:- Ejectment of person illegally Expl:- Widow includes, widow of per
occupying the land. deceased son, there we know that son of
Sec - 210:- Failure to file suits with in time to pre deceased son is clause (a) heir. But
trespasser the trespassser become daughter of pre deceased son of clause
Bhumidhar with TR or NTR. (f) heir. And similarly daughter's son is
Allotment of Land clause (h) heir.

Sec 195 :- By L.M.C. in land Sec 117, to

person in list Sec 198. Such allottee gets Female succession
right of Bhumidhar with N.T.R.
Sec 197:- By L.M.C. to person mention in Sec
Sec 172 Sec 174
198 (in a land mentioned in sec 132) -
Allottee get Asami right. If property obtain elf Acquired / in laws
Sec 171(2) U.P.Z.A.& L.R. u/s 171 by male. property.
Following persons are entitled to inherit
property in case of death of Male relatives
dies intestate (without making will) ---------- Women's Succession
------------U.P.Z.A.& L.R. Act. Sec - 172:- If any women gets property
j) Widow, unmarried, daughter, male lineal then after Re-marriage she
descendent per strip. loses her right. Then also if
she died without bequest,
Provided that the widow and the son of a
predeceased son how low-so ever per then Property devalues to last
stripes shall inherit the share which would heir of male from which she
have devolved upon the predeceased son inherits it.
had he been alive.

k) Mother & Father.

But such women can transfer
l) Unmarried daughter. property in her life time. She can
m) Married daughter. also make will.

n) Brother and unmarried sister Sec - 174:- It deals with such

property which women acquired self or
o) Son's daughter from her father or mother.
p) Father's mother & father's father.
q) Daughter's son.
r) Married sister.
 PCS-J Mains Notes

Women's property Succession

Sec - 172:-
Succession in case of women holding
interest inherited as widow, mother,
and daughter after she married dies
abandon or surrender.
Sec - 174:-
Succession to women holding an
interest otherwise - from father/
mother.
Right of Women as bhumidhar in
UP ZA LR Act is not limited as in
Hindu law.
But if she dies intestates, then her estate
devolves not to her heir but to last heir
(male) from which she inherited property.
If a widow got property and does
not transfer it and remarriage, then
he right in property has lost and
property devolves in heir the
deceased husband [Sec 172].
Gita Davi v/s D.D.C. (2005)
Female Bhumidhar has right to
bequest u/s sec. 169.