Escheat

 When the Sub Divisional Magistrate takes over the possession of land belonging to a
bhumidhar or an asami holding the land allotted to him from a gram panchayat , dies
without his known heirs after the lapse of 3 years such land shall be deemed to have
vested in the Gram Panchayat under the provision of this code. Thus vesting of land to
the Gram Panchayat in the absence of successor of a tenure holder is known as escheat .
 Sec 115 of the code and rules 105 and 106 are related to the principle of escheat.
 The corresponding provisions have been provided under sec 189 to 191 and 194 under the
repealed act as follows:
1. Sec 189 deals with extinction of the interest of a bhumidhar with transferable rights.
Section 115 2. Sec 190 deals with extinction of the interest of a bhumidhar with non transferable
rights.
3. Sec 191 deals with extinction of the interest of asami
4. Sec 194 deals with land management committee to take over land after extinction of
interest therein.
5. Repealed act does not expressly provide as to escheat but it only says when and under
what conditions the interest of bhumidhar s and asami ceases and such interest is
vested in the Gram Panchayat. In this way provisions as to escheat under the code is
specific and provided only in one section that is sec 115 with the procedure under rule
105 and 106.
  Derived from the Latin word ex cadere which means to fall out. It
serves to ensure that property is not left in limbo or owner less. It
ensures that a property is never left in vacuum without recognised
ownership.
What is  The provision of escheat is clearly adopted in the new code as
escheat salient feature under which any land holder dies without heirs
then by operation of law that is sec 115 of the code holding of that
person get vested in the state govt accordingly.
 B includes BTR AND BNTR
  Leasing out of such land: the SDO may lease it for a period of one
agricultural year at a time up to 3 year by holding public auction at
the tehsil.
 Notice for lease : before making a lease, notice must be served
regarding this. The notice for lease containing the date, place, and
particulars of land sought to be let shall be affixed on the notice
board of the tehsil and shall be announced by beat of drum in the
village where such land is situated.
PROCEDURE  Manner of lease: public auction must be arranged at tahsil. In this
highest bidder shall be required to pay 25 percent of the amount
on spot and after that within a week . If not paid then fresh auction
shall be held and deposit of 25 per shall be forfeited to state govt.
 Payment of land revenue: leasee shall be bound
 Effect of termination of lease: lease shall be liable to vacate. On
failure he will be ejected. SDO may use necessary force if required.
  If there is any claimant, he may apply within three years for restoration
to SDO. SDO after necessary inquiry may allow him or reject also.
 On application SDO may call for report from tahsildar and after
affording opportunity of being heard decide the claim.
Procedure  Aggrieved person may within the period of one year from the date of
when claimant communication of such order file a suit for declaration of his right
under sec 144.acc to sec 115 (5) the SDO shall continue to lease out the
applies for the land till the suit is finally decided.
 Acc to sec 115(6) read with rule 106 if no claimant appears within the
restoration of period of 3 years then land shall be deemed to be vested in the gram
land subject to panchayat or local authority under sec 59.
 Sec 115 (7) Where any claimant succeeds in any claim under sub-
escheat section (3) or in any suit filed under sub-section (4), he shall,
notwithstanding anything contained in any law for the time being in
force, be entitled to possession of the land and to the rent realised
from the lessee after deducting all arrears of land revenue due in
respect of such land and the expenses of its management
Division
 Sec 116 Suit for division of holding. - (1) A bhumidhar may sue for the division
of the holding of which he is a co-sharer.
 In every such suit, the Court may also divide the trees, wells and other
improvements existing on such holding but where such division is not
possible, the trees, wells and other improvements aforesaid and valuation
thereof shall be divided and adjusted in the manner prescribed.
 One suit may be instituted for the division of more holdings than one where all
the parties to the suit other than the Gram Panchayat are, jointly interested in
each of the holdings.
 to every suit under this section, the Gram Panchayat concerned shall be made a
party.
 Sec 117 Duty of Court in suits for division of holding.- (1) In every suit for
division of holding under section 116 the Court of Assistant Collector shall-
 follow such procedure as may be prescribed; 
 apportion the land revenue payable in respect of each such division. 
 (2) A division of holding referred to in section 116 shall not affect the joint
liability of the tenure-holders thereof in respect of the land revenue payable
before the date of the final decree.
  Sec 116 provides the right to sue for division to the bhumidhar.
Bhumidar include: BTR, BNTR.
 Division of holding under the code: sec 116 and rule 107 , 108, 109
deals with the division of the holdings. There are only two regular
Right to sue suits for division under the code namely: suit for division under sec
16, declaratory suit under sec 144.
for division  They are regular suits except these two all other proceedings are
summary in nature.
 Every suit for this purpose shall be made in the court of Assistant
collector.
  Under sec 117: in every suit for division of holding under sec 116 the court of
Asst Collector shall follow such procedure as prescribed under rule 109 and
appropriation of land revenue payable in respect of such land division.
 Under rule 109 (2) before making a division the court shall follow the following
procedure. The court shall: determine the share of plaintiff and other co share
holder; record if any of the co tenure holder wish to remain joint; make
Duty of the valuation of the holding in accordance with the circle rate fixed by the collector;
where the suit is decreed the court shall pass a preliminary decree declaring the
court in the share of the plaintiff.

suits for  Rule 109(8) at the stage of final decree the court shall: separate the share of the
plaintiff by metes and bounds;
division of  place a record in the map showing In the different colours the properties given
to the plaintiff;
holding  the share of the defendant given shall also be shown in the map ; the land
revenue shall also be apportioned by the parties;
 direct the ROR and map to be corrected accordingly; if for adjusting the
equities between the parties payment of compensation regarding trees, wells
or other improvements become necessary then the revenue court concerned
may also pass necessary orders at the stage of final decree.
  The plaint in the suit for division of holding including trees well and other improvements
shall contain the particulars provided therein . The plaint shall also be accompanied by a
certified copy of the ROR and other documents relied upon by the plaintiff. To every suit
under this sec the Gram Panchayat concerned shall be made a party.
 Only one suit: division of holding more than one in which all parties re jointly interested
other than the gram panchayat.
 Particulars of complaint: name address of the parties; ----- of co sharers ; share claim by
the plaintiff; share of co tenure holders; detailed particulars, plot no area and land
revenue; whether p is recorded or unrecorded co tenure holder.
Procedure for  Registration of suit: if plaint is under rue 107 and 108 of the code is under the order it shall
be registered as a suit and defendants shall be called upon to file written statement. And
division suit shall be decided acc to CPC, 1908.
 Preliminary decree: in a suit for division if the suit is decreed then the court shall pass a
preliminary decree declaring the share of the plaintiff.
 Acc to rule 109 (2) before making a preliminary decree the court shall determine
separately the share of the plaintiff and each co tenure holder;
 Record if any of the co share holder wish to remain joint;
 Make valuation of the holding in accordance with the circle rate fixed by the collector.
 After preliminary decree the SDO shall get kurra prepared through the lekhpal. khurra is
the essential document for the final decree.
  The plots shall be allotted to each party in proportion to his ahre in the
holding;
 The portion allotted to each party should be as compact as possible;
 There shall be equality in land;
Particulars to  Existing field shall not be split up;
be followed by  Plots which are in the separate possession of a tenure holder shall as far
the lekhpal as possible be allotted to such tenure holder if they are not in access of
his share;
while  If the plot or any part thereof is of commercial value or adjacent to the
road, abadi or any other land of commercial value then the same shall be
preparing allotted to each tenure holder proportionately;

kurra  If the co tenure holder are in separate possession on the basis of mutual
consent or family settlement, then the kurra shall as far as possible be
fixed accordingly;
 Lekhpal shall submit the khurra report within a report within a period of
one month from the date of receiving the order in this regard.
Inviting of
objection  When kurra report is submitted by Lekhpal to SDO objection shall
be invited and after affording opportunity of being heard will
against the decide it. Final decree shall be passed if kurra is confirmed by SDO.
report  THE SDO shall endeavour to decide the suit within six months is
not the reason shall be recorded.
regarding
kurra
 Final Decree and it’s execution
 - In case the SDO is satisfied with the report and kurra submitted
by Lekhpal, it shall is confirmed.
 Final Decree to be issued.
 Separation of shares by demarcation
 Nazri nakshaof plots for each tenure holder – in different colours
 Amaldramad in Khatauni
 Amaldramad in Map
 Determination of Land Revenue by each tenure holder
 Duration of a Partition Suit
 - 6 Months and if not disposed off, the reasons must be recorded
on file.