vinoddinpur@gmail.com (vinoddinpur@gmail.com) 20 June 2011

Bhumidari rights in Delhi

Sir, section 4(2) of Hindu Succession Act 1956 is omitted with Act 39 of 2005 dated: 05- 9-2005 Section 4(2) was :- "For the removal of doubts it is hereby declared that nothing contained in this act shall be deemed to affect the provision of any law for the time being in force providing for the preventation of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respects of such holdings". now sir my father was a Bhumidar as mentioned in the FARAD of my delhi land .... so what is the current status of a Bhumidar in delhi.... Can he make will on his agricultural land in name of only one of his legal heir.... or the ancestral law(as mentioned in hindu succession act) that it will be divided among all the legal heirs... pls reply.... UR TIME IS PRECIOUS ... I WILL B THANKFUL TO U...... JAI HIND my email id is: vinoddinpur@gmail.com

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Ravikant Soni (LAWYER IN JAIPUR) 21 June 2011

the provisions of the HSA would, after the amendment of 2005, have over-riding effect over the provisions of Section 50 of the DLR Act and the latter provisions would have to yield to the provisions of the HSA, in case of any inconsistency. The rule of succession provided in the HSA would apply as opposed to the rule prescribed under the DLR Act. https://delhidistrictcourts.nic.in/June10/NIRMALA%20vs.%20governement%20of%20nct%20of%20delhi.pdf

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Tajobsindia (Senior Partner ) 22 June 2011

@ Author

In my opinion following may apply to your case as it is of case of Delhi;

The Delhi Land Reforms Act, 1954

2. Repeal. -

(1) The following Act, in so far as they apply to areas to which this Act extends, are hereby repealed -

(i) The Punjab tenancy Act, 1887, as modified by Punjab Act No. 9 of 1939.

(ii) The Agra Tenancy Act 1901

(iii) The Punjab Tenants (Security of Tenure) Act, 1950,

(iv) The Punjab Land Revenue Act, 1887, in so far as its provisions are inconsistent with this Act,

(v) The U.P Land Revenue Act, 1901, in so far as its provisions are inconsistent with this Act, and

(vi) So much of any other law or of any rule having the force of law for the time being in force as is inconsistent with the provisions of this Act.

COMMENTS

As from the date of declaration of Bhumidhari rights the person in whose favour the Bhumidhar rights are granted becomes a new tenure holder enjoying all the rights conferred under the Act and subject to all the liabilities imposed by the Act.

The interest in land conferred upon a Bhumidari is not proprietory right which has been abolished but a new right declared under the Act. They are thus special rights created under the Act. Any incidence attached to the right before the commencement of the Act could not be added to the new rights conferred under the Act.

The right of transfer of interest by a Bhumidari of it. Bhumidari rights in the agricultural land is controlled only by the provisions of the Act. The provisions of customary law relating to restrictions on transfers do not apply to the transfer of Bhumidari rights. Re. Nathu v.Hukam Singh ILR (1982)-II Delhi 437.

(2) Notwithstanding such repeal, anything done or action taken in exercise of any power conferred by or under any of the Acts aforesaid, to the extent of its being consistent with the provisions of this Act, shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing was done or action was taken.

However I offer myself for correction.