After the expiry of five years from the date of allotment, the bhumidhar with nontransferable rights shall become the bhumidhar with transferable rights by virtue of Section 76(3).

It is the duty of Lekhpal and Revenue Inspector that, after expiry of five years from a person converting from the class of bhumidhar with non-transferable rights to bhumidhar with transferable rights, to correct the record of rights (khatauni) accordingly. Section 130 of the U.P. Zamindari Abolition and Land Reform Act, divides bhumidhar with transferable rights into four classes:

1. Every person who gained ownership of land or became a bhumidhar after the abolition of zamindari by the Act.

2. Every person who became a sirdar after the abolition of zamindari in 1950 and had paid ten times of the land revenue to acquire bhumidhari rights.

3. Anyone who was a sirdas before the UP Land Laws (Amendment) Act, 1977 was enacted and had the right to acquire bhumidhari rights by paying ten times of the land revenue.

4. Any person, other than the above categories, who acquires bhumidhari rights through any other manner with transferable rights in accordance with the provisions of the U.P. Zamindari Abolition and Land Reform Act.

According to the amendment of 1977, the bhumidhar with transferable rights has the most secure and highest type of ownership or highest type of tenure holder. His/Her interest is protected, permanent, transferable and heritable.
Rights of Bhumidhar with Transferable Rights

 Exclusive possession of land

 Right to use of land for any purpose

A bhumidhar with transferable rights shall, subject to the provision of this Code, have the right to exclusive possession of all land of which he is such a bhumidhar and to use it for any purpose whatsoever.
Such a possession shall not be disturbed except the provisions of this code.

“Any purpose whatsoever”
Not only for agricultural purpose or animal husbandry, fisheries, dairies but also for establishing an industry, construction of building for residence, school, shops etc. and also for fallow land.

 Land use for Industrial, Commercial or residential purpose
Declaration or rejection by the Sub-divisional Officer i.e. the Asst. Collector on the application by the Bhumidhar or suo moto.
Fee prescribed by the State Gov. which would be 1 percent of the amount calculated as per the circle rate for agricultural purpose, fixed by the collector of a District
 Right to transfer
Transferability of a Bhumidhar’s Interest – the interest of a BwTR shall be transferable .
 Lease by a disabled co-sharer – when the holding is held jointly by more than one person, and all of them are not disabled, then only the disabled co-sharer may alone let out his share in the holding.
 Right to exchange
A bhumidhar with prior permission of the SDO, exchange his land with the land –
a. Held by another bhumidhar
b. Entrusted/deemed to be entrusted to Gram Panchayat
The SDO may refuse to permit if –
a. Is not necessary
b. Valuation is low
c. The area is lesser
d. If the land entrusted to the Gram Panchayat is reserved for planned use
e. If the location of the land is in different tahsil
 Right to bequeath – subject to the provisions of this code, a BwTR may bequeath his interest in any holding by will.
 Right to succession
 The interest in the holding which belong to the Bhumidhar and he dies, shall devolve upon his heirs.

 Right to sue for division

 May sue for the division of his holding if he is a co-sharer

 The court may also divide the tress, wells and other improvements and where such division is not possible- the valuation shall be done and divided in an adjusted manner.

 One suit may be instituted for more than one holding which is to be divided

 Right to surrender interest in holdings

*A bhumidhar may surrender his interest in any holding or any part by giving an application in writing to the Tahsildar by giving up his possession
 Right to abandonment
 Fails to pay the land revenue, does not use the land for 3 years and has left the village and the whereabouts not known, then the collector after enquiry take the possession of such land
 the collector may let the land for a period of one agricultural year at a time
 The Bhumidhar or any other person lawfully entitled claims the land within 3 agricultural years, the collector may restore the *holding after payment of required dues.
*Right to non-ejectment
 no bhumidhar shall be liable to be ejected from his holding