UP LAND LAW

<BHUMIDHAR WITH NON TRANSFERABLE RIGHTS >

#what makes up supreme law of land

Bhumidhar with non-transferable rights falls in between bhumidhar with transferable
rights and asami. He is superior to asami but inferior to bhumidhar with transferable
rights. His rights are permanent and heritable but non-transferable Section 76 of the
Code provides that the following types of persons shall be called bhumidhar with non-
transferable rights, namely:

1. Every person who was a bhumidhar with non-transferable rights immediately
before the date of commencement of this Code.
2. Every person who is admitted as a bhumidhar with non-transferable rights on
or after such date by the Bhumi Prabandhak Samiti to any land under or in
accordance with this Code.
3. Every person who is allotted any land on or after the said date under the
provisions of the U.P. Bhoodan Yojana Act, 1952.
4. Every person who is allotted any land on or after the said date under the
provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.
5. Every person who was an asami in possession of land not covered by Section
77 of the Code, immediately before the date of commencement of this Code
and had been recorded as such in Class 3 of the annual register (khatauni) of
1407 Fasli.
This provision solves the age-old problem of the persons who were
recorded as asami in the revenue records since independence and yet they
were deprived of any right in the land to which they are in pos session since
their past generations. At the time of allotment they or their forefathers had
been allotted the land in the class of sirdar or bhumidhar with non-transferable
rights, but it seems that by mistake or any ulterior motive they were recorded
in the revenue records as an asami, and thus, were deprived of their
bhumidhari rights up till now. This section of the Code now enables them to
get the status and to be recorded as bhumidhar with non-transferable rights.
For application of the above provision, the following condition must be
fulfilled:

BHUMIDHAR WITH NON TRANSFERABLE RIGHTS

Bhumidhar with non-transferable rights falls in between bhumidhar with transferable
rights and asami. He is superior to asami but inferior to bhumidhar with transferable
rights. His rights are permanent and heritable but non-transferable Section 76 of the
Code provides that the following types of persons shall be called bhumidhar with non-
transferable rights, namely:

1. Every person who was a bhumidhar with non-transferable rights immediately
before the date of commencement of this Code.
2. Every person who is admitted as a bhumidhar with non-transferable rights on
or after such date by the Bhumi Prabandhak Samiti to any land under or in
accordance with this Code.
3. Every person who is allotted any land on or after the said date under the
provisions of the U.P. Bhoodan Yojana Act, 1952.
4. Every person who is allotted any land on or after the said date under the
provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.
5. Every person who was an asami in possession of land not covered by Section
77 of the Code, immediately before the date of commencement of this Code
and had been recorded as such in Class 3 of the annual register (khatauni) of
1407 Fasli.
This provision solves the age-old problem of the persons who were
recorded as asami in the revenue records since independence and yet they
were deprived of any right in the land to which they are in pos session since
their past generations. At the time of allotment they or their forefathers had
been allotted the land in the class of sirdar or bhumidhar with non-transferable
rights, but it seems that by mistake or any ulterior motive they were recorded
in the revenue records as an asami, and thus, were deprived of their
bhumidhari rights up till now. This section of the Code now enables them to
get the status and to be recorded as bhumidhar with non-transferable rights.
For application of the above provision, the following condition must be
fulfilled:
BHUMIDHAR WITH NON TRANSFERABLE RIGHTS [S.76]

Bhumidhar with non-transferable rights falls in between bhumidhar with transferable
rights and asami. He is superior to asami but inferior to bhumidhar with transferable
rights. His rights are permanent and heritable but non-transferable Section 76 of the
Code provides that the following types of persons shall be called bhumidhar with non-
transferable rights, namely:

1. Every person who was a bhumidhar with non-transferable rights immediately
before the date of commencement of this Code.
2. Every person who is admitted as a bhumidhar with non-transferable rights on
or after such date by the Bhumi Prabandhak Samiti to any land under or in
accordance with this Code.
3. Every person who is allotted any land on or after the said date under the
provisions of the U.P. Bhoodan Yojana Act, 1952.
4. Every person who is allotted any land on or after the said date under the
provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.
5. Every person who was an asami in possession of land not covered by Section
77 of the Code, immediately before the date of commencement of this Code
and had been recorded as such in Class 3 of the annual register (khatauni) of
1407 Fasli.
This provision solves the age-old problem of the persons who were
recorded as asami in the revenue records since independence and yet they
were deprived of any right in the land to which they are in pos session since
their past generations. At the time of allotment they or their forefathers had
been allotted the land in the class of sirdar or bhumidhar with non-transferable
rights, but it seems that by mistake or any ulterior motive they were recorded
in the revenue records as an asami, and thus, were deprived of their
bhumidhari rights up till now. This section of the Code now enables them to
get the status and to be recorded as bhumidhar with non-transferable rights.
For application of the above provision, the following condition must be
fulfilled:

#BHUMIDHAR WITH NON TRANSFERABLE RIGHTS

Bhumidhar with non-transferable rights falls in between bhumidhar with transferable
rights and asami. He is superior to asami but inferior to bhumidhar with transferable
rights. His rights are permanent and heritable but non-transferable Section 76 of the
Code provides that the following types of persons shall be called bhumidhar with non-
transferable rights, namely:

1. Every person who was a bhumidhar with non-transferable rights immediately
before the date of commencement of this Code.
2. Every person who is admitted as a bhumidhar with non-transferable rights on
or after such date by the Bhumi Prabandhak Samiti to any land under or in
accordance with this Code.

3. <Every person who is allotted any land on or after the said date under the>

provisions of the U.P. Bhoodan Yojana Act, 1952.
4. Every person who is allotted any land on or after the said date under the
provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.
5. Every person who was an asami in possession of land not covered by Section
77 of the Code, immediately before the date of commencement of this Code
and had been recorded as such in Class 3 of the annual register (khatauni) of
1407 Fasli.

#This provision solves the age-old problem of the persons who were

recorded as asami in the revenue records since independence and yet they
were deprived of any right in the land to which they are in pos session since
their past generations. At the time of allotment they or their forefathers had
been allotted the land in the class of sirdar or bhumidhar with non-transferable
rights, but it seems that by mistake or any ulterior motive they were recorded
in the revenue records as an asami, and thus, were deprived of their
bhumidhari rights up till now. This section of the Code now enables them to
get the status and to be recorded as bhumidhar with non-transferable rights.
For application of the above provision, the following condition must be
fulfilled:
BHUMIDHAR WITH NON TRANSFERABLE RIGHTS [S.76] Bhumidhar with non-transferable rights falls in between bhumidhar with transferable rights and asami.
He is superior to asami but inferior to bhumidhar with transferable rights.
His rights are permanent and heritable but non-transferable Section 76 of the Code provides that the following types of persons shall be called bhumidhar with nontransferable rights, namely:

1. Every person who was a bhumidhar with non-transferable rights immediately before the date of commencement of this Code.

2. Every person who is admitted as a bhumidhar with non-transferable rights on or after such date by the Bhumi Prabandhak Samiti to any land under or in accordance with this Code.
3. Every person who is allotted any land on or after the said date under the provisions of the U.P. Bhoodan Yojana Act, 1952.
4. Every person who is allotted any land on or after the said date under the provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.
5. Every person who was an asami in possession of land not covered by Section 77 of the Code, immediately before the date of commencement of this Code and had been recorded as such in Class 3 of the annual register (khatauni) of 1407 Fasli. This provision solves the age-old problem of the persons who were recorded as asami in the revenue records since independence and yet they were deprived of any right in the land to which they are in pos session since their past generations. At the time of allotment they or their forefathers had been allotted the land in the class of sirdar or bhumidhar with non-transferable rights, but it seems that by mistake or any ulterior motive they were recorded in the revenue records as an asami, and thus, were deprived of their bhumidhari rights up till now. This section of the Code now enables them to get the status and to be recorded as bhumidhar with non-transferable rights. For application of the above provision, the following condition must be fulfilled: a. He must be recorded as asami in Class-3 of the annual register (khatauni) of 1407 Fasli. It means the khatauni of the year 2000. (In the year 2000, the State Government started a drive to struck off the names entered in Class-3 of the khatauni, so, the year 2000 has been chosen for their names to be recorded in khatauni.) b. He has his possession on the said land. (Although his name might be struck off from the khatauni.) c. The land on which he is in possession should not be the land enumerated in Section 77 of the Code. 6. Every person who in any other manner acquired on or after the said date the rights of such a bhumidhar under or in accordance with the provisions of this Code, or any other law for the time being in force. But such holding must be in accordance with the provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. Sub-sections (2), (3) and (4) of Section 76 of the Code provide the mode of becoming bhumidhar with transferable rights.

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