The devolution हस्तांतरण is of process of transferring rights by Bequest वसीयत. Succession, survivorship, escheat and of by any suit of land division, lease by government etc.
Bequest वसीयत by bhumidhar or asami section 107 up land revenue, devolution हस्तांतरण
- 1) Subject to the provisions of subsection (2), a bhumidhar with transferable rights may bequeath his interest in any holding by will.
By will the bhumidhar with transferable rights may transfer there rights to its subject interest.
Sc/ St bequests वसीयत restriction under 98 and 99 up land revenue code, devolution हस्तांतरण
- (2) In relation to a bhumidhar with transferable rights belonging to a scheduled caste or scheduled tribs. The provisions of sections 98 and 99 shall apply to the making of bequests as they apply to transfer during life time.
Bequest वसीयत writing and registered, up land revenue
- (3) Every will made under this section shall, notwithstanding anything contained in any law, custom or usage, be in writing, attested by two witnesses and registered.
Every bequests made under this section shall be in writing and attested by two witnesses and registered, despite of having any other law custom or usage.
No right to bequests, up land revenue code, devolution हस्तांतरण
- (4) No bhumidhar with non-transferable rights or asami shall have the right to bequeath his interest in any holding by will.
- (5) A bequest made in contravention of the provisions of this section shall be void.
General order of succession to male bhumidhar, asami or government lessee, Section 108 up land revenue
(1) Subject to the provisions of section 107, where a bhumidhar, asami or government lessee, being a male ( third gender) dies.
His interest in his holding shall devolve upon his heirs being the relatives specified in sub section (2) in accordance with the following principles, namely:-
- (i) the heirs specified in any one clause of sub-section (2) shall take simultaneously in equal shares.
- (ii) the heirs specified in any preceding clause of sub-section (2) shall take to the exclusion (व्यक्ति या वस्तु को छोड़ देना या बाहर रखना ) of all heirs.
- Specified in succeeding clauses, that is to say, those in clause (a) shall be preferred to those in clause (b).
- Those in clause (b) shall be preferred to those in clause (c) and so on, in succession.
Order of succession to male bhumidhar, widows, up land revenue, devolution हस्तांतरण
- (iii) If there are more widows than one, of the bhumidhar, asami or government lessee, or of any predeceased male lineal descendant. Who would have been an heir, if alive, all such widows together shall take one share.
- (iv) The widow or widowed mother or the father’s widowed mother or the widow of any predeceased male lineal descendant who would have been an heir, if alive, shall inherit only if she has not remarried.
Male third gender Bhumidhar, succession up revenue code, devolution हस्तांतरण
(2) The following relatives of the male third gender Bhumidhar, asami or government lessee are heirs subject to the provisions of sub section (1), namely:-
- (a)Widow, or third gender spouse, unmarried daughters, third gender issue and the male lineal descendants in the male line of descent per stirpes.
Provided that the widow, unmarried daughters, third gender issue and sons howsoever shall inherit per stirpes the share which would have devolved upon the predeceased son had he been alive.
Succession Male third gender, up land revenue code
- (b) Mother and father.
- (c) Married daughter.
- (d) Brother,
- Unmarried sister,
- Third gender sibling being respectively the son and daughter.
- Third gender issue of the same father as the deceased, and son, unmarried daughter.
- Third gender issue of predeceased brother,
- The predeceased brother, having been the son of the same father as the deceased.
- (e) Son’s daughter and third gender issue.
- (f) Father’s mother and father’s father.
- (g) Daughter’s son, third gender issue and unmarried daughter.
Male third gender Bhumidhar, succession up revenue code, devolution हस्तांतरण
- (h) Married sister.
- (i) Half sister, being the daughter of the same father as the deceased.
- (j) Sister’s son, third gender issue and unmarried daughter.
- (k) Half sister’s son, third gender issue and unmarried daughter the sister having been the daughter of the same father as the deceased.
- (1) Brother’s son’s son, third gender issue and unmarried daughter.
- (m) Father’s father’s son, third gender issue and unmarried daughter.
- (n) Father’s father’s son’s son, third gender issue and unmarried daughter.
- (o)Mother’s mother’s son, third gender issue and unmarried daughter.
Succession to woman inheriting interest as a female heir, Section 109 up land revenue
- Where before or after the commencement of this Code, any woman inherits the interest of a male (third gender) bhumidhar, asami or government lessee.
- In any holding, and such woman dies, marries or remarries after such commencement.
- Then, her interest in the holding shall, subject to the provisions of sections 107 and 112 devolve upon the nearest surviving heir of the last male (third gender).
- Bhumidhar, asami or government lessee, as the case may be.
Nearest surviving heir, up land revenue code
Explanation:- The expression ‘nearest surviving heir’ in this section means the heir ascertained in accordance with section 108.
Woman inheriting as a daughter, devolution हस्तांतरण
Provided that if any woman inheriting as a daughter, who has surviving heirs specified in clause (a) of section 110 of this Code.
Dies, her interest in the holding shall devolve upon heirs specified in clause (a) of section 110.
Section 110, up land revenue code, Succession to woman holding otherwise than as a female heir
Where any female bhumidhar asami or a government lessee dies, after the commencement of this code.
Then her interest in any holding or its part shall subject to the provisions of section 107 to 109 devolve, in accordance with the order of succession given below.
Succession to woman holding, up land revenue code
- (a) Son, third gender issue, unmarried daughter, son’s son, third gender issue, and unmarried daughter, son’s son’s son, third gender issue and unmarried daughter.
- Predeceased son’s widow, and predeceased son’s predeceased son’s widow, in equal shares as per stripes.
Provided firstly that the nearer shall exclude the remoter in the same branch.
Provided secondly that a widow who has remarried, shall be excluded.
Up land revenue code, Succession to woman
- (b) Husband or married third gender spouse.
- (c) Married daughters.
- (d) Daughter’s son, third gender issue and unmarried daughter.
- (e) Father,
- (f) Widow mother,
- (g) Brother being the son of the same father as the deceased, third gender sibling being the issue of the same father as the deceased and brother’s son, third gender issue and unmarried daughter as per stirpes.
- (h) Unmarried sister.
- (i) Married sister.
- (j) Sister’s son, third gender issue and unmarried daughter.
Savings as to religious endowments. etc. Section 111 up land revenue
- Nothing in this Chapter shall be construed to apply to the devolution of management of a Hindu devasthan, math or debutter property or of a Muslim waqf.
- Comprising any holding, which shall continue to be governed by such personal or other law as may be applicable to it.
This section saying that succession as of in this chapter only talk about to general succession, not to any other devolution management succession. Such as given above Hindu devasthan, math or debutter property or of a Muslim waqf.
Interest of co-tenure-holders to pass by survivorship, section 112 up land revenue code
- (1) Where before or after the commencement of this Code, two or more co-widows inherit the interest of a male tenure-holder.
- And any one of them dies or remarries after such commencement without leaving any heir entitled to succeed in accordance with section 108.
- The interest of such co-widow shall pass by survivorship to the surviving widow.
- And where there are two or more surviving co-widows, then to the surviving co-widows in equal shares.
Two or more co-tenure holders, survivorship up land revenue
- (2) Where any land is held by two or more co-tenure holders, and any one of them dies after the commencement of this Code.
- Without leaving any heir entitled to succeed under sections 108 to 110.
- The interest of such co-tenure holder shall pass to the surviving co-tenure holders in equal shares.
Persons other than Indian citizens and persons of Indian origin not to inherit, 113 up land revenue
Notwithstanding anything contained in this Code or any other law for the time being in force. No person other than an Indian citizen and person of Indian origin who has acquired citizenship of
any other country. Shall be entitled to acquire any land or any interest therein either by bequest or by inheritance.
- Only indian citizen and person of indian origin is entitled to acquire the interest of property by inherit.
- No any other person other than indian citizen and person of indian origin is entitled to inherit of property interest by any means.
- Despites of having any other law or anything contained in this code.
Other conditions regarding devolution Section 114 uttar pradesh land revenue
The devolution of interest in any holding under this Chapter shall be subject to the following conditions :-
Unborn child inherit, up land revenue code, devolution हस्तांतरण
- (a) If a bhumidhar, asami or government lessee dies intestate, and at the time of his death.
- A child was in the womb who was subsequently born alive, then such child shall have the same right to inherit.
- As if had been born before the death of such bhumidhar, asami or government lessee.
- And the inheritance shall be deemed to vest in such a case with effect from the date of death of such bhumidhar, asami or government lessee.
If a Bhumidhar, Asami or Government lessee dies without a will, and at the time of his death his child was in the mother’s womb, and he is born alive, then the right to the property passes to that child.
Two persons have died in circumstances rendering it uncertain, up land revenue code, devolution
- (b) Where two persons have died in circumstances rendering it uncertain.
- Whether either of them and if so which survived the other.
- Then for purposes of devolution of interest in any holding, it shall be presumed.
- Until the contrary is proved, that the younger survived the elder.
This clause is stating that in case where 2 persons died, and it is uncertain that which one is alive, then purposes of devolution of interest in any holding, it shall be presumed.
Disqualified from inheriting, murderer up land revenue, devolution हस्तांतरण
(c) A person who commits murder of a bhumidhar, asami or government lessee.
Or abets the commission of such murder, shall be disqualified from inheriting the interest of the deceased in any holding.
Disqualified person considered died, uttar pradesh land revenue code, devolution हस्तांतरण
(d) If any person is disqualified from inheriting the interest in the holding of any bhumidhar, asami or government lessee under clause (c).
Such interest shall devolve as if the disqualified person had died before the death of such bhumidhar, asami or government lessee.
- This clause is stating that person disqualified from inheriant, it considered as died before death of such bhumidhar, asami or government lessee .
Explanation:- In this section, the expression ‘murder’ means any offence punishable under IPC.
Section 302, section 304, section 304-B, section 305 or section 306 of the Indian Penal Code.
Escheat Section 115 uttar pradesh land revenue code, devolution हस्तांतरण
(1) Where a bhumidhar or an asami holding land from a Gram Panchayat dies without known heirs.
The Sub Divisional Officer may take possession of the land held by such bhumidhar or asami.
And may lease it for a period of one agricultural year at a time, in the manner prescribed.
(2) The terms and conditions of every lease under sub-section (1) shall be such as may be prescribed.
Sub-Divisional Officer takes possession of land, Escheat up land revenue code
- (3) If within three years of the date on which the Sub-Divisional Officer takes possession of the land.
- Any claimant applies for the land being restored to him.
- The Sub-Divisional Officer may, after such inquiry as he thinks fit, allow or reject his claim.
This clause is saying that if any land within possession of sub Divisional Officer means under government. Claimant may applies for restore of that land within 3 year from the date of government possession. Sub Divisional Officer inquire if it thinks fit allow or reject his claim.
Person aggrieved by an order rejecting his claim by SDM, Escheat up land revenue
- (4) Any person aggrieved by an order rejecting his claim under sub-section (3).
- May, within one year from the date of communication of such order to him, file a suit for declaration of his rights under section 144.
- (5) The Sub-Divisional Officer shall continue to lease out the land in accordance with subsections (1) and (2) till the suit referred to in sub-section (4) is finally decided.
No claimant appears within three years, escheat up land revenue
- (6) If no claimant appears within three years from the date of taking possession of the land by the Sub-Divisional Officer.
- Or if the claimant whose claim has been rejected under sub-section (3) does not file a suit in accordance with sub-section (4). or
- The suit, if filed is finally dismissed, then the land shall be deemed to have vested in the Gram Panchayat.
- or the local authority under section 59 with effect from the following date, namely.
Claimant does not file a suit for declaration, escheat up land revenue
- (a) Where no claimant appears, from the date of expiry of the three years period referred to in subsection (3). or
- (b) Where the claimant does not file a suit for declaration, from the date of expiry of the one year period referred to in sub-section (4). or
- (c) where the suit filed by the claimant under sub-section (4) is finally dismissed, from the date of such final dismissal.
Claimant succeeds in any claim under sub-section (3), escheat up land revenue code
(7) Where any claimant succeeds in any claim under sub-section (3) or in any suit filed under subsection (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.
If the claimant succeeds under clauses 3 and 4, any money received by the rent recovered or by lease, land revenue, the claimant shall be entitled to the money and possession of the land.
Suit for division of holding section 116 up land revenue code
- (1) A bhumidhar may sue for the division of the holding of which he is a co-sharer.
Division suit of land, trees, well and other up land revenue code
- (2) 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.
Gram Panchayat concerned party to every division suit along with all parties
- (3) 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.
- (4) to every suit under this section, the Gram Panchayat concerned shall be made a party.
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.
- (a) follow such procedure as may be prescribed.
- (b) apportion (बांटना) the land revenue payable in respect of each such division.
Joint liability in division suit up land revenue code
- (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.