LexThe UNITED PROVINCES ESTATES ACT, 1920
Uttar Pradesh · state statute
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85
THE UNITED PROVINCES ESTATES ACT, 1920 (U.P. Act No. VII of 1920)
86
THE UNITED PROVINCES ESTATES ACT, 19201
(U.P. Act No. VII of 1920)
Amended by
U.P. Act no. IV of 1924
U.P. Act no. I of 1928
Adapted and modified by the Government of India,
Adaptation of Indian Laws Order, 1937.
Adapted and modified by the Adaptation of Laws Order,
1950.
(Received the assent of the Lieutenant Governor on the 1st
November, 1920 and of the Governor General on the 3rd December,
1920, and was published under section 81 of the Government of
India Act on the 25th December, 1920).
WHEREAS it is expedient to define and regulate the course of
succession to impartible estates 2[***]and to facilitate the extension of
the same course of succession to other estates 3[in the Provinces of
Agra and Oudh which are not subject to the provisions of the Oudh
Estates Act, 1869, as amended by the Oudh Estates (Amendment)
Act of 1910 or of the Oudh Settled Estates Act, 1917] and to make
better provision for the preservation of such estates, and whereas the
previous sanction of the Governor General has been obtained under
sub-sections (2) and (3) of section 79 of the Government of India Act,
1915; It is hereby enacted as follows :
Short title and
extent 1. 4(1) This Act may be called the United Provinces Estates
Act, 1920.
(2) 5[It shall extend6 to the whole of Uttar Pradesh.]
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1. For S.O.R., see Gaz., 1920, Pt. VII, p. 692; for discussion, see L.C. Pro. Public shed in ibid, pp. 779, 1122,
1169 and 1206.
2. The words (in Agra) omit. by s. 2 of U.P. Act IV of 1924.
3. Add by ibid.
4. Subs. for the following by s. 3 of U.P. Act IV of 1924 :–
‘‘(1) This Act may be called the Agra Estates Act, 1920.
(2) It extends to the whole of Agra.’’
5. Subs. by the A.O. 1950 for sub-sec. (2) of s. 1.
6. This Act has been extended to the areas mentioned in column 1 of this table under the Act or Order
mentioned in column 2 and enforced in such areas under notification, if any, mentioned in column 3 with
effect from the date mentioned in column 4 against each such
Areas Act or order under which
extended
Notification, if any,
under which enforced
Date from which
enforced
1 2 3 4
1. Rampur District U.P. Act XII of 1950, s. 3 Dec. 30, 1949
2. Banaras District Banaras (Application of
Laws) order, 1949.
No. 3262 (1)/XVII d.
Nov. 30, 1949
Nov. 30, 1949.
3. Tehri-Garhwal
district
Tehri Garhwal Application of
Laws Order, 1949.
No. 3262 (2) XVII, d.
Nov. 30, 1919
Ditto.
[The United Provinces Estates, Act, 1920]
87
Provided that it shall not extend to estates in Oudh which are
subject to the provisions of the Oudh Estates Act, 1869 as amended
by the Oudh Estates (Amendment) Act of 1910 or of the Oudh Estates
Act, 1917].
2. In this Act, unless there is something repugnant in the
subject or context,–
(1) ‘‘attest’’ with its grammatical variations, when used
with reference to any non-testamentary instrument, means
to sign such instrument as a witness in the presence of
executant after having seen the executant sign the same after
having received from the executant a personal
acknowledgement of his signature to the same.
Interpretation
clause
Explanation I — When attestation by more than one witness
is required it is not necessary that more than one of such witnesses
shall be present at the same time.
Explanation II — No particular form of attestation is
required.
(2) “competent to contract” means competent to contract with
the meaning of section 11 of the Indian Contract Act, 1872.
(3) “estate-holder” means a person to whom, and “estate”
immovable property to which, the provisions of Part I are applicable.
(4) “minor” means a person who has not attained his majority
under the provisions of Indian Majority Act, 1875. ]
(5) “separate right” used with reference to immovable property
means the right possessed by an owner who is exclusively entitled to
the whole of such property or to a specific share or portion thereof.
Explanation — The interest of a member of a Hindu joint
family in coparcenary property is not a separate right.
(6) “settled estates” means immovable property for the time
being subject to the provisions of Part II by virtue of a declaration
made under section 27.
(7) words expressing relationship denote only legitimate
relationship, but apply to children in the womb who are born alive.
PART–I
3. Notwithstanding anything in any other enactment
contained, it shall be lawful for any person competent to contract
who is the owner —
Application for
a declaration
under Part I.
(a) of immovable property which by family custom descends to
a single heir according to the rule of primogeniture, or
(b) of a separate, permanent, heritable and transferable right
in any immovable property 1[* * * *] and
(i) who holds the title of Maharaja Bahadur, Maharaja, Raja
Bahadur, Raja, Nawab Mumtazud-daula. Nawab Bahadur, or Nawab,
if conferred or recognized by the 2[Central Government] or the 3[State
Government], or
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1. The words “in Agra” omit. by s. 4 of U. P. Act IV of 1924.
2. Subs. for L.G. by A. O. 1937.
3. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
[The United Provinces Estates, Act, 1920]
88
(ii) who holds as a hereditary title, the title of Rajwar, Rao
Bahadur, Rao, Rai, Mirza Bahadur Mirza, Khan Bahadur, Rai
Bahadur, Chaudhri, or Diwan, conferred or recognized by the
1[Central Government] or the 2[State Government] or
(iii) to whom such property was granted by the 1[Central
Government] or the 2[State Government] as a reward for loyalty and
good services or who has inherited directly or indirectly such
property from the person to whom it was so granted, or
(iv) who holds such right in land assessed to land revenue to
the amount of not less than 3[seven thousand rupees a year],
to apply to the 2[State Government] for a declaration that the
provisions of this part shall apply to him.
The applicant shall annex to his application a schedule
showing the immovable property owned by him and the land revenue
assessed on it.
Explanation I — Where such land or any part of it is held
revenue-free it shall be deemed to be assessed to land revenue to the
amount nominally assessed on it for the purpose of determining the
rates payable in respect of it.
Explanation II — Where such land or any part of it is held
revenue-free and land revenue has not been so nominally assessed
the land revenue which shall be deemed to be payable for such land
or such portion thereof shall be determined by rules made under
clause (j) of sub-section (2) of section 38.
Rejection of
application. 4. The 2[State Government] may 4 [* * *] reject such
application either summarily or after such inquiry as it may think
proper to make.
Issue of notice. 5. If such application is not rejected under section 4, the
2[State Government] shall publish in the 5[Official Gazette] a notice in
English and in the vernacular reciting the fact that an application
has been made and the purport thereof and calling upon all person
interested in opposing the application to do so in writing within six
months from the date of the publication of the notice in English.
Grant or refusal
of application. 6. The 2[State Government] after considering the application
and the result of any inquiry made by it or under its orders and any
further particulars or information called for by it and the cause (if
any) shown by any person against the application, may 4[* * *]
either refuse or grant the application.
Notification
and list of
estate holders
7. If the application is granted, the 2[State Government] shall
declare by notification in the 5[Official Gazette] that the provisions of
this part have been made applicable to the applicant in respect of the
immovable property in which he has a separate, permanent, heritable
——————————————————————————————————————————
1. Subs. for L.G. by A. O. 1937.
2. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
3. Subs. for “ten thousand rupees a year” by s. 2 of U. P. Act I of 1928.
4. The words “in its discretion” omit. by A. O. 1937.
5. Subs. for “Gazette” by ibid.
[The United Provinces Estates, Act, 1920]
89
heritable and transferable right at the date of the notification, and
shall enter his name in a list which shall be maintained by the
1[State Government] Such list shall from time to time be corrected in
accordance with rules framed under section 38.
8. (1) Any estate-holder may, by a registered instrument
bearing a non-judicial stamp of fifteen rupees signed by him and
attested by two or more witnesses, declare that any immovable
property situated in 2[Uttar Pradesh] not being “estate” or “settled
estate” within the meaning of the Oudh Estates Act, 1869, or the Oudh
Settled Estates Act, 1917, respectively, in which he has a separate,
permanent, heritable and transferable right, and which is specified in
the instrument, is a part of his estate for the purposes of this Act.
Power to add
to estate.
Such declaration shall take effect from the date of the
registration thereof.
(2) It shall be the duty of the registering officer to furnish the
Collector of every district in which any portion of the property is
situated with a property authenticated copy of the declaration, and on
receipt of such copy the Collector shall cause a note to be made in the
record of rights relating to the immovable property specified and shall
also cause a copy of the declaration to be published in the 3[Official
Gazette] in English and in the vernacular.
9. The estate or any portion of the estate of an estate-holder in
respect of which he dies intestate shall descend to a single heir in
accordance with the order of succession and subject to the conditions
prescribed in the first Schedule ;
Devolution of
estates.
Provided that where a female succeeds for her life-time only, or
where two or more females successively so succeed, the person next in
succession shall take a vested interest on the death of the last male
estate-holder, subject to such interest being divested retrospectively in
case any such female being a widow, adopts a son under the
provisions of section 12.
10. (1) Every estate-holder competent to contract shall be
competent to transfer or to bequeath any portion of his estate to which
the provisions of Part II have not been applied, his right or interest
therein, in accordance with and only to the extent permitted by the
personal law applicable to him.
Power of
estate-holder
transfer or
bequeath
(2) If such transfer or bequest is in favour of —
(a) another estate-holder, or
(b) the person who would have succeeded to such estate or
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1. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
2. Subs. for (the United Provinces) by the A. O. 1950.
3. Subs. for (Gazette) by the A. O. 1937.
[The United Provinces Estates, Act, 1920]
90
would have taken a vested interest therein, under the provisions of
this Act, had the person so transferring or bequeathing died intestate
as to his estate at the time when the transfer or bequest took-effect,
or
(c) the daughter of the transfer or testator, or
(d) a son of his daughter, or
(e) a lineal male descendant in the male line,
the transferee or legatee in such case shall be an estate-holder in
regard to the property to which he may become entitled under or by
virtue of such transfer or bequest and shall hold the same subject to
the same conditions as if he had inherited in on an intestacy,
provided that in cases (c), (d) and (e) the property so transferred or
bequeathed is at the time of such transfer or bequest assessed or
deemed to be assessed to land revenue to the amount of not less
than 1[seven thousand rupees a year].
Sections of
Succession to
Act applied to
wills of estate-
holders.
11. Section 49, 50, 51, 55, 57, 58, 60 to 77, 82, 83, 85 and
88 to 98 of the Indian Succession Act, 1865, shall apply to all wills
made by an estate-holder under the provisions of this Act for the
purpose of bequeathing his estate, or any portion thereof, or any
interest therein ;
Provided that marriage shall not revoke any such will ;
Provided also that nothing herein contained shall affect wills
made before the commencement of this Act.
Estate-holders’
power to adopt. 12. An estate-holder permitted by the personal law
applicable to him to adopt a son, or to give authority to his widow to
adopt a son for him, shall be competent to adopt a son of to grant
such authority. But no adoption made by an estate-holder or by his
widow and no authority given after the date of the commencement of
this Act shall be deemed to be valid unless in addition to the
requirements (if any) imposed by the personal law of the estate-
holder the fact of such adoption has been declared, or such
authority has been given, by a registered instrument attested by two
or more witnesses.
Where under the personal law applicable to an estate holder
his widow is competent to adopt a son without receiving authority
from her husband for making such adoption, nothing herein
contained shall be deemed to invalidate an adoption made by her
merely by reason of no such authority being so given.
Maintenance of
surviving
relatives of
estate-holders.
13. When a estate-holder dies leaving any such relatives as
are mentioned in the second Schedule, any person for the time being
in possession of his estate shall be liable to the extent of the property
of the deceased which has come into his possession to pay to each of
such relatives during his or her life or for such other period as is
hereinafter mentioned, by two equal half-yearly instalments a
reasonable annuity not exceeding the amount mentioned in the
Schedule ;
Provided that such relative was at the date of the death of the
deceased living together with him; and also that such relative is and
continues to be without any other adequate means of maintenance.
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1. Subs. for “ten thousand rupees a year” by s. 2 of U. P. Act I of 1928.
[The United Provinces Estates, Act, 1920]
91
If any part of the estate shall have been transferred or
bequeathed by the deceased, the person for the time being in
possession such part or of the rents or profits thereof shall be liable
to pay proportionate parts of the said annuities during the
continuance thereof respectively.
14. Nothing herein contained shall be deemed to affect the
right to maintenance of any person not specified in the second
schedule who would be entitled to maintenance from the estate-
holder under the personal law that would have been applicable to
him had no notification under section 7 been issued.
Right to
maintenance
under personal
law.
15. Subject to the provisions hereinbefore contained the
maintenance shall continue —
(a) in the case of a minor nephew till he ceases to be a
minor;
Continuance of
annuities
(b) in the case of a daughter or widow till she would
according to the personal law applicable to her cease to be entitled
to maintenance ;
(c) in all other cases till the annuitant dies.
16. The estate-holder for the time being in possession of the
estate shall provide for the reasonable expenses of the marriage of
an unmarried daughter or daughters of the person to whom he has
succeeded, so far as the income of the estate may permit.
Marriage
expenses of
daughters of
estate-holders.
17. In determining what is a reasonable annuity under
section 13 or reasonable expenses under section 16 regard shall be
had to the usage of the family to which the estate-holder belonged or
belongs as the case may be.
Meaning of
reasonable
annuity
18. An estate-holder competent to contract to whose estate
the provisions of Part II do not apply may at any time apply to the
[State Government]1 for a declaration that the foregoing provisions of
of this part shall cease to apply to him. The 1[State Government] on
receipts of such application, may for any reason it may consider
sufficient declare that the foregoing provisions of this part shall
cease to apply to an estate-holder and publish a notification to that
effect in the 2[Official Gazette] in English and in the vernacular.
Application for
removal from list
of estate-holders.
Form the date of the publication of such notification in
English the foregoing provisions of this part shall cease to apply to
the estate-holder, and his estate shall henceforward be held subject
to the personal law that would have been applicable to him had no
notification under section 7 been issued, and his name shall be
struck off the list maintained under that section.
——————————————————————————————————————————
1. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
2. Subs. for “Gazette” by ibid.
[The United Provinces Estates, Act, 1920]
92
Judicial notice
to be taken of
notifications.
19. The Court shall take judicial notice of notifications under
sections 7 and 18 as well as of entries made in the list under section
7. The production of a copy of an entry in the list, certified by the
signature of one of the Secretaries of the shall 1[State Government]
be conclusive proof of the fact of the entry in the said list.
PART II
Application
for
permission to
settle
property.
20. Notwithstanding any enactment to the contrary, it shall be
lawful for an estate-holder, being entitled to a permanent, heritable
and transferable right in an State, and in possession thereof and
competent to contract, to apply in writing to the [State Government]1
for permission to declare that such estate or a portion thereof shall in
future beheld subject to the provisions of this part.
Rejection of
application. 21. The 1[State Government] may 2[* * *] reject such
application either summarily or after such inquiry as it may think
proper to make.
Issue of
notice. 22. If such application is not rejected under section 21, the
1[State Government] shall publish in the 3[Official Gazette] a notice in
English and in the vernacular, reciting the fact that an application has
been made and the purport thereof, and calling upon all persons
having claims enforceable against the applicant or his immovable
property to notify the same in writing within six months from the date
of publication of the notice in English, and also to show cause in
writing within such period why the permission sought by the applicant
should not be granted, and shall, where such a course is practicable,
serve a copy of such notice upon all persons known, or appearing from
the application or other information received, to be interested in
opposing the application.
Grant or
refusal of
permission.
23. The 1[State Government], after considering the application
and the result of any inquiry made by it or under its orders, and any
further particulars or information called for by it, and the cause, if
any, shown by any person against the application, may 2[* * *] either
grant or refuse permission, or grant permission in respect of a portion
only of the property to which the application relates :
Provided that where any portion of the immovable property of
the applicant is subject to any encumbrance or charge, or may be held
liable for any existing debt, demand or claim, the 1[State Government]
shall not grant such permission unless the consent of all the
encumbrances upon, or persons entitled to charges upon, or person
having claims enforceable against, the immovable property, of the
applicant is obtained, or the encumbrances, charges or claims of such
persons as object to the grant of such permission are discharged, or
arrangements considered satisfactory by the 1[State Government] are
made for their discharge, or the 1[State Government] is satisfied that
such persons will not be prejudiced by the grant of such permission.
——————————————————————————————————————————
1. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
2. The words (in its discretion) Omit by A. O. 1937.
3. Subs. for “Gazette” by ibid.
[The United Provinces Estates, Act, 1920]
93
24. (1) It shall be lawful for any person for the time being entitled
to and in possession of a settled estate, and competent to contract, to
apply to the 1[State Government] for permission to add to the settled
estate any other immovable property in respect of which an application
might be made by him under section 20.
Application
for
permission
to add to the
settled
estate.
(2) On receipt of such application, the 1[State Government] shall
proceed according to section 21 or sections 22 and 23.
25. (1) Subject to the provisions of section 29, it shall be lawful
for any person for the time being entitled to and in possession of a
settled estate and being a male and competent to contract, to apply to
the 1[State Government] for permission to revoke wholly or in part any
declaration that property shall held subject to the provisions of this
part.
Application
for
permission
to revoke
declaration.
(2) The 1[State Government] after considering the application and
the result of any inquiry made by it or under its orders and any further
particulars or information called for by it, may 2[* * *] either grant or
refuse permission, or grant permission in respect of a portion only the
property to which the application relates.
26. (1) Permission granted under section 23, 24, or 25 shall be
in writing, signed by one of the Secretaries to the [State Government]1 ,
and shall contain a description of the immovable property in respect of
which permission is granted sufficient to identify the same.
Form,
contents
and
publication
of
permission.
(2) Every such permission shall be published in the 3[official
Gazette] in English and in the vernacular, and shall remain in force
until the expiry of three months from the date of publication in English
thereof or until the death of the applicant, whichever shall first happen.
27. The applicant may, by an instrument in writing signed by
him and attested by two or more witnesses, and registered within three
months from the date of publication in English of such permission (but
not by a will) declare that the whole or any portion of the property in
respect of such permission has been granted under sections 23, 24 or
25 shall in future be held subject to or exempt from the provisions of
this part as the case may be.
Such declaration shall take effect from the date of the
registration thereof.
Execution of
declaration.
28. Every declaration presented for registration under section
27 shall be accompanied by the written permission mentioned in section
26, and the registering officer before registering the declaration shall
satisfy himself that the property specified in the declaration presented
for registration is included in the permission granted under that section,
and that such permission is still in force.
Procedure.
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1. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
2. The words (in its discretion) Omit by A. O. 1937.
3. Subs. for “Gazette” by ibid.
[The United Provinces Estates, Act, 1920]
94
Power to
make certain
declarations
irrevocable.
29. The person executing a declaration that any property shall
be held subject to the provisions of this part may, in such declaration
or by a subsequent instrument in writing, signed and attested as
aforesaid, and registered, and any successor in interest of such person
in possession of the settled estate and competent to contract, may, by
any instrument signed and attested as aforesaid, and registered,
provide that any such declaration shall as regards the whole or any
specified portion of the settled estate be irrevocable.
Duties of
registering
officer and
Collector.
30. (1) On the registration of a declaration under section 28 or
of such subsequent instrument as is mentioned in section 29, it shall
be the duty of the registering officer to furnish the Collector 1[or the
Deputy Commissioner] of every district in which any portion of the
property is situated with a property authenticated copy of the same.
(2) On receipt of such copy the Collector 1[or the Deputy
Commissioner] shall cause a note to be made in such record or register
as the 2[State Government] shall direct, and shall also cause a copy of
the declaration to be published in the 3[Official Gazette] in English and
in the vernacular.
State
Government
empowered
to exclude
settled estate
from
operation of
the Act.
31. Notwithstanding anything in this Act contained, it shall be
lawful for the 2[State Government] for any reason which it may
consider sufficient, on the application of the estate-holder, to declare
by notification in the 3[Official Gazette] that the settled estate or any
part thereof to which he is entitled and of which he is in possession
shall cease to be subject to the provision of this part.
Such declaration shall take effect from the date of the
publication thereof in English.
Dealings with
settled estate
to prejudice
of successors
prohibited.
32. Except as otherwise provided by this Act no person entitled
to a settled estate shall have power to transfer nor shall any Court
cause to be sold in execution of a decree, such estate or any part
thereof or an interest therein for any greater or larger interest or time
than during his life, nor shall settled estate or any art thereof, or the
profit thereof be held by any Court to be or have vested in such person
for any larger or greater interest or time than for his life.
Transfer of
settled estate
for a public
purpose.
33. (1) The person for the time being entitled to and in
possession of a settled estate may, with the previous sanction of the
2[State Government], transfer the same or any part thereof or any
interest therein, either to the 4[Government] or to any local authority,
company or person, and in such case the provisions of section 32 shall
not be applicable.
(2) Sanction shall only be given under sub-section (1) where
the transfer is in the opinion of the 2[State Government] for a public
purpose of a charitable or religious nature or for a purpose beneficial
to the public or to a section of the public, and any such sanction may
——————————————————————————————————————————
1. Add. by s. 5 of U. P. Act IV of 1924.
2. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
3. Subs. for “Gazette” by ibid.
4. Subs. by the A. O. 1950 for (Crown) which had been subs. by the A. O. 1937 for (Secretary of State for
India in Council).
[The United Provinces Estates, Act, 1920]
95
impose such conditions as the 1[State Government] deems expedient in
respect of the extent or nature of the transfer or of the terms of the
instrument (if any) by which the transfer is to be effected, or of any
other matter.
(3) The 1[State Government] in giving such sanction may also
direct that the whole or any portion of the consideration for the transfer
shall be used in the purchase of other immovable property and that the
property so purchased shall form part of the settled estate.
Explanation— In this section “company” means a company as
defined in clause (e) of section 3 of the Land Acquisition Act, 1894.
34. (1) The person for the time being entitled to, and in
possessions of, a settled estate may lease the same or any part thereof—
(a) from year to year, for or an term not exceeding seven years,
without sanction, and
Leases of
settled
estate.
(b) for a term exceeding seven years, with the previous sanction
of the Collector 2[or the Deputy Commissioner] ;
Provided that it shall not be lawful for the Collector 2[or the
Deputy Commissioner] to sanction—
(i) a lease for an agricultural purpose for a period exceeding
fourteen years, or
(ii) a lease for any other purpose, unless such lease is permitted
by, and is in accordance with the provisions of rules made under clause
(h) of sub-section (2) of section 38.
(2) The decision of the Collector 2[or the Deputy Commissioner]
under sub-section (1) that any lease is, or is not, for an agricultural
purpose shall be final and conclusive.
(3) A premium or fine shall not be taken on any lease for an
agricultural purpose, but the best rent payable year by year shall be
reserved that can be reasonably obtained.
(4) A premium or fine on any lease, other than a lease for an
agricultural purpose, shall not be taken, except in the circumstances,
and subject to the conditions, specified in rules made in this behalf
under clause (h) of sub-section (2) of section 38.
(5) No payment of any installment of rent before it falls due shall
operate to the prejudice of any successor-in-interest of the person to
whom the payment is made.
(6) A lease granted under this section shall be subject to any
provision of the 3[Agra Tenancy Act, 1901], 3[or of the Oudh Rent Act, 1886],
——————————————————————————————————————————
1. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
2. Add. by s. 5 of U. P. Act IV of 1924.
3. Rep. See now the United Provinces Tenancy Act, 1939, (U. P. Act XVII of 1939) in Vol. IV.
[The United Provinces Estates, Act, 1920]
96
as amended by subsequent Acts applicable thereto, so far as those
provisions are consistent with the provisions of this section.
Devolution
and bequest
of settled
estate.
35. (1) Notwithstanding the provisions of any contract or
disposition to the contrary, every person for the time being entitled to a
settled estate being a male, or being a female who under the personal
law applicable to her would constitute a fresh stock of descent if she
succeeded the estate on an intestacy, shall, unless such person
succeeded as a widow or a mother, constitute a fresh stock of descent
for the purposes of section 9 and on the death of such person intestate
the settled estate shall descend according to the provisions of that
section.
(2) Notwithstanding the provisions of any contract or
disposition to the contrary, every person for the time being entitled to a
settled estate who constitutes a fresh stock of descent according to
sub-section (1) shall be competent to bequeath the same to any of the
persons mentioned in the first Schedule, but to no other person :
Provided that such person shall not be competent to bequeath
the same except as an impartible estate to be held by one person only
subject to and in accordance with the provisions of this Act, or to
subject the same the profits thereof to any demand, charge or
encumbrance whatsoever.
Provided also that if the estate is bequeathed to a female who if
such succeeded under the provisions of section 9 would take a life
estate only the bequest shall confer on her a life estate only.
Jurisdiction
of courts
barred in
certain
matters.
PART III
36. (1) No court shall question the validity or propriety of any
declaration made under section 7 or section 1 except on the ground
that the applicant was not competent to contract on this date on which
he made his application.
(2) No court shall question the validity or property of any
declaration made under section 27 or section 29 as the case may be —
(a) except in so far as the declaration purports to affect property
not included in the written permission granted by the 1 [State
Government], or
(b) (where permission has been granted under section 23 on
section 24) except in so far as the person by whom the declaration is
made shall be found not to have been entitled to, and in possession of,
a permanent, heritable and transferable right in the immovable
property included therein or such person was not competent to
contract, or
——————————————————————————————————————————
1. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
[The United Provinces Estates, Act, 1920]
97
(c) where permission has been granted under section 25 unless
such person shall be found not to have been entitled to, and in
possession of, the settled estate at the date of the application under
that section, or the declaration sought to be revoked was irrevocable,
(3) Except as provided in sub-sections (1) and (2) no Court shall
exercise jurisdiction in or over the following matters ;
(a) the legality, propriety or regularity of an application under
section 3, 18, 20, or 25 or of any proceeding held or order passed
thereon ;
(b) the legality, propriety, regularity or sufficiency of any notice
issued under section 5 or section 22 ;
(c) the rejection of an application under section 4 or section 21,
or the grant or refusal of permission under sections 6, 18, 23, 24 and
25 ;
(d) the legality, propriety or regularity of any permission granted
under section 26 or of any proceeding held under section 30, sub-
section (2) ;
(e) the sufficiency or otherwise of the reasons for the issue of a
notification under section 18 or section 31 ;
(f) the grant or refusal of sanction under section 33, or section
34 ;
(g) the propriety or validity of any decision under section 33 or
section 34 that any transfer is, or is not, for a public purpose of a
charitable or religious nature or for a purpose beneficial to the public
or to a section of the public, or that any lease is, or is not, for an
agricultural purpose.
37. (a) Nothing contained in this Act shall affect suits pending
at the commencement of this Act, or shall be deemed to vest in, or
confer upon, any person any right or title to any estate, or any portion
thereof, or any interest therein, which is at the commencement of this
Act vested in any other person who would have been entitled to retain
the same if this Act had not been passed and the right or title of such
other person shall not be affected by anything contained in this Act.
Savings
clause
(b) Nothing in Part II shall be deemed to deprive the holder for
the time being of a settled estate of his right to adopt, or to empower
his widow to adopt, a son, or to affect the right of any person to
maintenance under Part I or to affect the provisions of the Agra
Tenancy Act, 1901, 1[or of the Oudh Rent Act, 1886], as amended by
subsequent Acts [or the right of the 2[State Government] or any public
authority to recover by legal process any sum due on account of land
revenue or recoverable as such or recoverable under the provisions of
the Revenue Recovery Act, 1890.
——————————————————————————————————————————
1. Rep. See now the United Provinces Tenancy Act, 1939, (U. P. Act XVII of 1939) in Vol. IV.
2. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
[The United Provinces Estates, Act, 1920]
98
Power to
make Rules 38. (1) The 1[State Government] may, after previous publication,
makes rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing provision, the 1[State Government] may make 2[rules] for all
or any of the following matters ;
(a) the procedure to be followed in submitting an application to
the 1[State Government] under this Act ;
(b) the form and contents of such application and the
documents, if any, by which such application shall be accompanied ;
(c) the issue and service of notices ;
(d) the form of any declaration to be made under this Act ;
(e) the maintenance and correction of the list mentioned in
section 7 ;
(f) the procedure to be adopted by the Collector 3[or the Deputy
Commissioner] under sub-section (1) of section 30 ;
(g) the payment or recovery of any expenses incurred in, or in
connection with, proceeding held under this Act ;
(h) the period or periods for which and the restrictions and
conditions subject to which, leases of the nature mentioned in the
proviso to sub-section (1) of section 34 may be sanctioned by the
Collector 3[or the Deputy Commissioner] ;
(i) the circumstances in which and the conditions subject to
which, a premium or fine may be taken under sub-section (4) of
section 34 on a lease, other than a lease for an agricultural purpose ;
(j) the method in which the land revenue deemed to be payable
on revenue-free land upon which land revenue has not been nominally
assessed shall be determined.
(3) Rules made under clause (e) of sub-section (2) may require a
report to be made by any person becoming or ceasing to be an estate-
holder to such authority as may be prescribed therein, and may
prescribed a penalty for failure to make such report and the mode in
which such penalty may be recovered.
——————————————————————————————————————————
1. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
2. For rules. See nots. no. 1058/I—202,d. June 3, 1921, no. 6853/I—A, d. Sep. 17, 1923, and no.
1806/IA—443, d. April 7, 1925, in Gaz. 1921, Pt. I. , p. 725, ibid 1929, Pt. I. p. 1354 and ibid, 1925, Pt.
I, 442, U. O. 354-R/I-239-45 d. Dec. 31 1345 in Gaz. 1946, Pt. I-A p. 2, not. no. 508/I-168-44, d, July
12, 1945 and not. no. 508/I-160-44,44,d. Sep. 1, 1945, in Gaz. 1945, Pt. I-A, p. 33A, and 42 A.
3. Added by sec. 5 of U.P. Act IV of 1924.
[The United Provinces Estates, Act, 1920]
99
SCHEDULE–I
The order of succession to the estate of estate-holders shall be
as follows :
(1) firstly to the eldest son of such estate-holder ;
(2) or if such eldest son shall have died in his lifetime, leaving
male lineal descendants, then to the eldest and every other son of such
eldest son successively, according to their respective seniorities and
their respective male lineal descendants ;
(3) or, if such eldest son of such estate-holder shall have died in
the estate-holders’ life-time without leaving male lineal descendants,
then to the second and every other son of such estate-holder, and their
respective male lineal descendants ;
(4) or, in default of such son or his male lineal descendants, if
the personal law of the estate-holder permits him to adopt a son, to
such person as the estate-holder shall have duly adopted and his male
lineal descendants ;
(5) or, in default of any such duly adopted son, or his male
lineal descendants, then to the widow of the deceased estate-holder for
her life-time only : or if there be more widows than one, the widow first
married to such estate-holder for her life-time only ;
(6) and on the death of such widow, where the personal law
applicable to the estate-holder permits of a son being adopted to him,
to such son as the said widow shall have duly adopted and his male
lineal descendants ;
(7) or, in default of such first married widow and in default of a
son duly adopted by her, and his male lineal descendants, then to the
other widow, if any, of such estate-holder, next, in order of marriage,
for her life, and on the death of such other widow to a son duly
adopted by her and his male lineal descendants, then to the other
surviving widow in the order of their respective marriages for their
respective lives and on their respective deaths, to the sons duly
adopted by them respectively ;
(8) or, in default of any such widow, or any such duly adopted
son or any such male lineal descendants, then to the mother of the
deceased estate-holder of her life-time only ;
Explanation— In this clause the word “mother” does not
include a step-mother, and in the case where the deceased was a duly
adopted son, it means the wife or widow of the father, who joined in or
made the adoption, or, if the adoption was made by the father alone,
and there are at the time of the death of the deceased more widows
than one, it means the one who was first married, and on her death,
the other surviving widows in the order of their respective marriages in
succession.
[The United Provinces Estates, Act, 1920]
100
(9) or, in default of or on the death of the mother then to the
eldest and every other brother of such estate-holder successively, and
to their respective male lineal descendants successively, brothers of
the whole blood and their descendants being preferred to brothers of
the half blood and their descendants ;
(10) or, in default of such brother, or his males lineal
descendants, then to the nearest male agnate according to the rule of
lineal primogeniture ;
(11) or, in default or any such agnate, then to such person as
would have been entitled to succeed to the estate under the personal
law that would have been applicable to such estate-holder had no
notification under section 7 been issued ;
Provided that, when there are more persons than one so
entitled the estate shall descend to a single person, according to the
following rules, that is to say ;
(i) where among such persons some are connected by blood
relationship and some by reason of marriage, the blood relations shall
exclude the relations by marriage ;
(ii) where among such persons some are related by the whole
blood, and some by the half blood, those related by the whole blood
shall exclude those related by the half blood ;
(iii) where subject to the provisions of rules (i) and (ii) among
such persons some are related through males only and some through
females, the persons related through male only shall exclude the
others ; and among others those shall be preferred in whose
relationship the steps from the deceased proceed furthest through
males ;
(iv) where among such persons, some stand in a nearer and
some in more remote relationship to the deceased, but both are equally
qualified under the three preceding rules, those in the nearer degree
shall exclude those in the more remote ;
(v) where such persons stand in equal degree of relationship to
the deceased, and are equally qualified under the four preceding rules,
the state shall descend to the eldest male in the senior line ; but if
there be no male heir, in that line, then to the eldest male in the next
senior line in which there in a male heir, and if there be no male heir
in any line, then to the eldest female in the senior line in which there is
a female heir.
[The United Provinces Estates, Act, 1920]
101
SCHEDULE–II
PERSONS ENTITLED TO MAINTENANCE
1. In the case of grand-parents, parents and senior widow of
the deceased, the maximum amount of the annuity for each person
shall be as follows :
(a) where the annual revenue payable to the Government is or
exceeds three lakhs, Rs. 6,000 ;
(b) where the annual revenue payable to the Government is or
exceeds two lakhs, but is less than three lakhs, Rs. 4,000 ;
(c) where such revenue is or exceeds one lakhs, but is less than
two lakhs, Rs. 2,000 ;
(d) where the revenue is or exceeds Rs. 50,000, but is less than
one lakh, Rs. 1,200 ;
(e) where the revenue exceeds Rs. 25,000, but is less than Rs.
50,000, Rs. 600 ;
(f) where such revenue is less than Rs. 25,000, Rs. 360.
1[(g) where such revenue is less than Rs. 10,000, Rs. 240.]
Where such estate or any part of it is held revenue-free, the
land revenue nominally assessed on it to determine the rates payable
in respect of it shall, for the purposes of this Schedule, be deemed to
be the revenue payable for such estate or such portion thereof.
Where such estate or any part of it is held revenue-free, and
land revenue has not been so nominally assessed, the land revenue
which shall be deemed to be payable for such estate or such portion
thereof shall be determined by rules made under clause (j) of sub-
section (2) of section 38.
II— In the case of junior widows, brothers and sons of the
deceased the maximum amount of the annuity for each person shall be
one-half of the maximum amount prescribed by Article 1.
III— In the case of nephews of the deceased being fatherless
minors, the maximum amount of the annuity for each person shall be
one-third of the maximum amount prescribed by Article 1.
IV— In the case of unmarried daughters of tExcerpt shown. Open the full act in Lexace.