The OUDH SETTLED ESTATES ACT, 1917

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THE OUDH SETTLED ESTATES ACT, 1917 [U.P. Act No. V of 1917]

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THE OUDH SETTLED ESTATES ACT, 19171
(U. P. Act No. V of 1917)
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
30th May, 1917, and of the Governor-General on the 23rd July,
1917, and was 2published under section 81 of the Government of
India Act, 1915, on the 11th August, 1917 ].
Preamble.
WHEREAS It is expedient to consolidate and amend the law
for making better provision for the preservation of the estates of
the taluqdars of Oudh and certain other persons ;
It is hereby enacted as follows :
Short title,
extent.

1. (1) This Act may be called the Oudh Settled Estates Act, 1917.
(2) It shall extend only to the estates or portions of an estate
hereinafter referred to.
Interpreta-
tion clause.

Act I of 1869

U. P. Act III
of 1910
2. Unless there be something repugnant in the subject or context
all words occurring in this Act which are defined in the Oudh Estates
Act, 1869, as amended by Act X of 1885 and the Oudh Estates
(Amendment) Act, 1910, shall be deemed to have the meanings
respectively assigned to them by that Act.

Act IX of
1972.
“Settled estate” means immovable property for the time being
subject to the provisions of this Act by virtue of a declaration made
under section 10.
“Competent to contract” means competent to contract within the
meaning of section 11 of the Indian Contract Act, 1872.
Application
for
permission to
settle
property.

Act I of 1869
3. Notwithstanding any enactment to the contrary, it shall be
lawful for —
(a) any taluqdar or grantee whose name is inserted in the second,
third, or fifth of the lists prepared under section or section 9 of the Oudh
Estates Act, 1869, or the heir or legatee of such taluqdar or grantee, or
(b) any person whose name has been inserted in a list published
under section 31-A, sub-section (3) of the said Act, or the heir or legatee
of such person, or

——————————————————————————————————————————
1. For Statement of Objects and Reasons see Gaz. 1916, Pt. VII, p. 96; for R. S. Com., see ibid. 1917, Pt. VII,
p. 21 ; and for discussion, see L.C. Pro., in ibid, 1916, Pt. VII, pp. 427, 708, and ibid, 1917, pp. 272 and
559.
2. See Gaz., 1917, Pt. VII, p. 889.
[The Oudh Settled Estates Act, 1917]
625
(c) such a transferee or legatee of any of the persons specified in
clauses (a) and (b) as is referred to in section 14 of the Oudh Estates
Act, 1869, or
(d) the heir or legate of such a transferee or legatee as is referred
to in clause (c),

being entitled to a permanent, heritable and transferable right in an
estate, and in possession thereof, and competent to contract, to apply in
writing to the 1[State Government] for permission to declare that such
estate or a portion thereof shall in future be held subject to the
provisions of this Act.

4. The 1[State Government] may 2[ * * * ] reject such application
either summarily or after such inquiry as it may think proper to make.
Rejection of
application
5. If such application is not rejected under section 4, 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 person 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 to show cause also 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 form the application
or other information received, to be interested in opposing the
application.
Issue of
notice
6. 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 ;
Grant or
refusal of
permission
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 persons 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 Oudh Settled Estates Act, 1917]
626
Application
for
permission to
add to the
settled
estate.
7. (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 3.
(2) On receipt of such application the 1[State Government] shall
proceed according to section 4 or sections 5 and 6.
Application
for
permission to
revoke a
declaration.
8. (1) Subject to the provisions of section 12, 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 be held subject to the provisions of this
Act.
(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 of the property to which the application relates.
Form
contents and
publication
of
permission.
9. (1) Permission granted under sections 6, 7, or 8, shall be in
writing, signed by one of the Secretaries to the 1[State Government], and
shall contain a description of the immovable property in respect of which
permission is granted sufficient to identify the same.
(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.
Execution of
declaration. 10. 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 which permission has been granted under sections 6, 7, or 8,
shall in future be held subject to, or exempt from, the provisions of this
Act, as the case may be.
Such declaration shall take effect from the date of the
registration thereof.
Procedure. 11. Every declaration presented for registration under section 10
shall be accompanied by the writing mentioned in section 9, and the
registering officer shall satisfy himself that the property specified in

12. The person executing a declaration that any property shall
be held subject to the provisions of this Act 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
an 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.
Power to
make
certain
declarations
irrevocable.
13. (1) On the registration of a declaration under section 11 or of
such subsequent instrument as is mentioned in section 12, 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 properly
authenticated copy of the same.
Duties of
registering
officer and
Collector.
(2) On receipt of such copy the Collector shall cause a note to be
made in such record or register as the 1[State Government] shall direct
and shall also cause a copy of the declaration to be published in the
2[Official Gazette] in English and in the Vernacular.

14. Notwithstanding anything in this Act contained, it shall be
lawful for the 1[State Government] if, in its opinion, the holder for the
time being of a settled estate is guilty of a breach of the conditions of the
sanad under which such estate is held or for any other sufficient
reason, to declare by notification in the 2[Official Gazette] that the
settled estate to which such person is entitled and of which he is in
possession shall cease to be subject to the provisions of this Act.
State
Government
empowered
to exclude
settled
estate from
the
operation of
the Act.
Such declaration shall take effect from the date of the
publication thereof.

15. Except as otherwise provided by this Act, no person entitled
to a settled estate shall have power to transfer, dispose of, alienate,
convey, charge, encumber or lease the same or any part thereof, or the
profits thereof, for any greater or larger interest or time than during his
life, nor shall a settled estate, or any part thereof, or the profits thereof,
be held by any court to be or to have vested in such person for any
larger or greater interest or time than for his life.
Dealings
with settled
estate to the
prejudice of
successors
prohibited.
16. (1) The person for the time being entitled to and in
possession of a settled estate may transfer, dispose of, alienate, convey,
charge, encumber or lease the same or any part thereof —
(a) for a public purpose of a charitable or religious nature with
the previous sanction of the 1[State Government], or
Transfer of
settled
estate for a
public
purpose.

——————————————————————————————————————————
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 Oudh Settled Estates Act, 1917]
628
(b) for any public purpose in favour of the 1[Government] or, with
with the previous sanction of the 2[State Government] or a local
authority.
U. P. Act 11
of 1901 Act
XXII of 1886
(2) Any sanction under sub-section (1) may 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.
Agricultural
leases or
settled
estates.
17. The person for the time being entitled to and in possession of
a settled estate may lease the same or any part thereof for an
agricultural purpose, at the best rent payable that can reasonably be
obtained without fine or premium,
(a) from year to year or for a term not exceeding seven years, or
(b) with the previous sanction of the Collector, for a term
exceeding seven, but not exceeding fourteen years ;

U. P. Act II of
1901
Act XXII of
1886
Provided that a lease granted under this section —
(1) shall be subject to any provisions of the Agra Tenancy
Act, 31901, or the Oudh Rent Act, 31886, as the case may be, applicable
applicable thereto, and
(2) shall, unless it is in respect of land situated outside Oudh,
determine on the expiration of the settlement during the currency of
which it has been granted, notwithstanding that it purports to be
granted for a term outlasting such settlement.
Other leases
of settled
estate.
18. The person for the time being entitled to and in possession of
settled estate may lease the same or any part thereof for any other
purpose —
(a) at the best rent that a can reasonably be obtained without
fine or premium, from year to year or for a term not exceeding seven
years, or
(b) with the previous sanction of the Collector granted in
accordance with any rules made under section 24 (2) (g) for a term
exceeding seven years.
Appeals to
the
Commissioner
19. Any person aggrieved by an order of the Collector refusing, or
granting sanction under section 17, or 18, may, within sixty days from
the date of the order, appeal to the Commissioner, and the
Commissioner may thereupon either maintain the order of the Collector
or pass any other order that the Collector was competent to pass.

——————————————————————————————————————————
1. Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
2. Subs. by the A. O. 1950 for (Crown) which had been subs. by the A. O. 1937 for (Secy of State).
3. Rep. See now the U. P. Tenancy Act, 1939 (U. P. Act XVII of 1939), infra.
[The Oudh Settled Estates Act, 1917]
629

20. Where any land is leased under the provisions of section 16,
17, or 18, 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.
Anticipation
of rents.
21. (1) No court shall question the validity or propriety of any
declaration made under section 10—
[ (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
Jurisdiction
of courts
barred in
certain
matters.
(b) (where permission has been granted under section 6 or 7)
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

(c) (where permission has been granted under section 8) 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.

(2) Except as provided in sub-section (1), no court shall exercise
jurisdiction in or over the following matters :–
(a) the legality, propriety, or regularity of an application under
section 3, 7 or 8 or of any proceeding held or order passed thereon ;

(b) the legality, propriety, regularity, or sufficiency of any notice
issued under section 5 ;
(c) the rejection of an application under section 4 or the grant or
refusal of permission under section 6, 7 or 8 ;

(d) the legality, propriety, or regularity of any permission
granted under section 9, or of any proceeding held under section 13,
sub-section (2) ;
(e) the sufficiency or otherwise of the reasons for the issue of a
notification under section 14 ;

(f) the exercise by the 1[State Government] or a Collector or
Commissioner of any discretion to grant, refuse, modify or cancel any
sanction vested in it or him by sections 16, 17, 18, or 19 ;

(g) the propriety or validity of any decision under sections 16, 17,
18 or 19 that any transfer is or is not for a public purpose or of a
charitable or religious nature, or that any lease is or is not for an
agricultural purpose.

22. (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 ordinary
Devolution
and bequest
of settled
estates.
——————————————————————————————————————————
1. Subs. by the A. O. 1950 for (Crown) which had been subs. by the A. O. 1937 for (Secy of State).
[The Oudh Settled Estates Act, 1917]
630

Act I of 1869
law to which persons of her religion and tribe are subject, would
constitute a fresh stock of descent if she succeeded to 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 22 of the
Oudh Estates Act, 1869, and on the death of such person intestate the
settled estate shall descend according to the provisions of that section.

Act I of 1869
(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 subject to the
provisions of the Oudh Estates Act, 1869 ;

Act I of 1869
Provided that such person shall not be competent to bequeath
the same except as an impartible estate to be held by one person only
the profits thereof to any demand, charge or encumbrance whatsoever,
or to bequeath the same to a stranger, so as to exclude from succession
any person belonging to any of the classes specified in section 22 of the
Oudh Estates Act, 1869 ;
Saving clause

Act I of 1869

Act XXII of
1886

Act I of 1890
23. Nothing in this Act 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 VIII of the Oudh Estates Act, 1869, or to affect the provisions
of the 1[Oudh Rent Act, 1886] or the right of the 2[State Government] or
any public revenue or recoverable as such or recoverable under the
provisions of the Revenue Recovery Act, 1890.
Power to
make rules.

Act I of 1869
24. (1) The 2[State Government] may, after previous publication,
make 3[rules], for carrying out the purposes of this Act, provided that
such rules shall not be inconsistent with the provisions of the Oudh
Estates Act, 1869.
(2) In particular, and without prejudice to the generality of the
foregoing provision, the 2[State Government] may make 4rules for all or
nay of the following matters —
(a) the procedure to be followed in submitting an application to
the 2[State Government] under this Act ;

——————————————————————————————————————————
1. Rep. See now the U. P. Tenancy Act, 1939 (U. P. Act XVII of 1939) I, inpro.
2. Subs. by the A. O. 1950 for (Crown) which had been subs. by the A. O. 1937 for (Secy of State).
3. For rules under this subs. see not no. 25/1-256 B. d. Jan. 3, 1901, and no. 2828/1—816, d. Dec. 30,
1913 (issued under s. 20 of the U. P. Act Ii of 1900 but kept in force under this Act) and no. 6856/1 a-39,
d. Sept. 17, 1923, published in Gaz., 1901, Pt. I, p. 4, ibid, 1914, Pt. I, p. 2, and ibid, 1923, Pt. I, p. 1350,
respectively.
4. For rules under this subs. see not no. 1806IA—443, d. April 7, 1925, no. 1979/1-A—749, d. April 17,
1925 and no. 4132/IA—7491913, d. Oct. 21, 1926, published in Gaz., 1925, Pt. I, p. 442, ibid, 1925, Pt. I,
p. 517, and ibid, 1926, Pt. I, p. 990, no. 1379/1224—41, d. Sept. 15, 1943, in Gaz. 1943, Pt. IA p. 247,
no. U—0354 R/1239—45, d. Dec. 31, 1945, in Gaz. 1946, Pt. IA, p. 2.
[The Oudh Settled Estates Act, 1917]
631

(b) the form and contents of such an application and the
documents, if any, by which such an application shall be accompanied;
(c) the issue and service of notices under section 5 ;

(d) the form of any declaration to be made under section 10 ;
(e) the procedure to be adopted by the Collector under section 13,
sub-section (2) ;
(f) the payment or recovery of any expenses incurred in, or in
connexion with, proceedings held under this Act ;

(g) the period or periods for which, and the restrictions subject to
which, leases for a purpose other than agricultural and for a period
exceeding seven years may be sanctioned by the Collector under
section 18 (b).

25. The enactments specified in the Schedule are hereby
repealed to the extent specified in the fourth column thereof.
Repeal

—————
THE SCHEDULE
Enactments repealed
(See section 25)
—————————————————————————————————————————-
Year Number Short title Extent of repeal
—————————————————————————————————————————-
1900 II The Oudh Settled So much as has not already been repealed.
Estates Act, 1900.
1910 II The Oudh Settled The whole.
Estates (Amendment)
Act, 1910.
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