Restrictions on right to transfer interest by Bhumidhar, SC/ST etc in Up land Revenue Code 2006, section 89 to 99 of up land Revenue Code.
Section 88 of up land Revenue Code 2006, Transferability of a bhumidhar’s interest means, Bhumidhar has right to transfer his interest which he holds.
Restrictions on transfer by bhumidhar section 89 of this code, No bhumidhar shall have the right to transfer any holding.
Or part thereof where such transfer contravenes or is likely to contravene the provisions of sub section (2) or sub-section (3).
- Sub Section 89 (2) Natural person holding shall not exceed 5.0586 Hectares.
- Exception 89(3) Purchase is in favour of register firm, company partnership firm, limited liability partner firm, trust society or any educational or charitable Institution.
SECTION 89(2) holding shall not exceed 5.0586 Hectares, Restrictions on right to transfer
Subject to the provisions of s/89 (3), No person shall have the right to acquire by purchase. Or gift any holding or part thereof from a bhumidhar with transferable rights.
Where the transferee shall, as a result of such acquisition, become entitled to land. Which together with land, if any, held by such transferee.
And where transferee is a natural person, also together with land, if any, held by his family shall exceed 5.0586 hectares in Uttar Pradesh.
The provisions of Uttar Pradesh imposition of ceiling on land holding act, 1960 shall apply to such acquisition.
Exception of holding land exceeding 5.0586 hectares in Up land
The provisions of Uttar Pradesh imposition of ceiling on land holding act, 1960 shall not apply to such acquisition.
Section 89(2) states about restrictions on holding land exceed 5.0586 hect. to a natural person.
But it’s exception in case of acquiring land by non natural person, by state govt. approval in public interest.
The registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or charitable Institution. And acquisition or purchase would be in public interest.
The acquisition and purchase in public interest likely to generate economic activities other than agriculture means provide employment.
Persons other than Indian nationals restrictions to acquire land in Up
S/ 90 of up land Revenue Code 2006, despite anything contained in this Code or in any other law for the time being in force.
No person, other than an Indian citizen, shall have the right to acquire any land, by sale or gift.
Or in any other manner involving transfer of possession in his favour. without prior permission in writing from the State Government.
Section 91 up land Revenue restrictions on transfer by mortgage
No bhumidhar shall have right to mortgage any holding or its part where possession of the mortgaged property is transferred.
Or agreed to be transferred to the mortgagee as security for the amount of mortgage advanced or to be advanced or for interest thereon.
Restriction on transfer by bhumidhar to a SC/ST up land
In case Ram prakash v. State of Up and others 2017, RD 674, court held that objection is for benifit of Bhumidhar belonging SC.
It cannot be interpreted and applied in manner that it becomes detrimental to their interest.
Section 98 of up land Revenue Code, No bhumidhar belonging to a scheduled caste shall have the right to transfer.
Transfer by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste.
Except with the previous permission of the Collector in writing.
(2) For the purposes of granting permission under this section the Collector may make such inquiry as may be prescribed.
Condition for granting permission for transfer Schedule cast land to non SC by Collector up land
- (a) The bhumidhar belonging to a scheduled caste has no surviving heir specified in section 108(2)(a) or section 110(a), as the case may be. or
Residing other district
- (b) The bhumidhar belonging to a scheduled caste has settled or is ordinarily residing in the district other than that in which the land proposed.
- To be transferred is situate or in any other State for the purpose of any service or any trade, occupation, profession or business. Or
Collector reasons prescribe
- (c) The Collector is, for the reasons prescribed, satisfied that it is necessary to grant the permission for transfer of land.
Restriction on transfer by Bhumidhar belonging to a Schedule Trib
Section 99 up land Revenue No bhumidhar belonging to a scheduled trib shall have the right to transfer.
Transfer by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled trib.
It absolutely restriction to transfer to non schedule trib, the interest only transfer to person belonging to st.