U/S -129. THERE ARE FOLLOWING
CLASSES OF TENURES--
(1)
(2)
(3)
(4)
Bhumidhar with transferable rights
Bhumidhar with non-transferable rights
Asami;
Government lessee .
BHUMIDHAR WITH TRANSFERABLE
RIGHTS
U/S 130 a) bhumidhar immediately before the date of commencement of the Uttar Pradesh Land
Laws (Amendment) Act, 1977;
(b) a sirdar referred to in clause (a) or clause
(c) of section 131, as it stood immediately before the said date ;
(c) every person who any other manner acquires on or after the said date the rights of such a bhumidhar under or in accordance with the provision of this Act.]
U/S 131
Every person belonging to any of the following classes-
Who was admitted as Sirdar before UP
Landlaw amendment Act -1977
Person who was allotted Bhoodan land
Who becomes bhumidhar with non transferable rights under ZALR
131-A. Bhumidhari rights in Gaon
Sabha or State Government land
Subject to the provision of section 132 and section 133-A, every person in cultivatory possession of any land, vested in a Gaon Sabha under section 117, other than the land notified under section 20 of the Indian Forest Act, 1927, before the
30th day of june, 1978, shall be deemed to have become a bhumidhar with nontransferable right of such land :
(1)
Bhumidhar with non-transferable rights to become bhumidhar with transferable rights.
U/S 131-B a bhumidhar with non-transferable rights immediately before the commencement of the Uttar Pradesh
Zamindari Abloition and Land Reforms
(Amendment) Act, 1995 and had been such bhumidhar for a period of ten years or more, shall become a bhumidhar with transferable rights on such commencement.
(2)
a bhumidhar with non-transferable rights on the commencement referred to in sub-section (1), or becomes a bhumidhar with nontransferable rights after such commencement, shall become bhumidhar with transferable rights on the expiry of period of ten years from his becoming a bhumidhar with non-transferable rights.
Bhumidhari Right
u/s132
Pasture or land covered by water
tracts of shifting cultivation
Land for public purposes
Rights of Bhumidhar-
Bhumidhar with transferable rights has the right to exclusive possession of land and can use it for any purpose
Bhumidhar with non- transferable rights has the right to exclusive possession of land and can use it for agriculture & allied activities
Rights of Bhumidhar-
u/s 161, a bhumidhar can exchange his land either with anather bhumidhar or gaon sabha u/s 169 a Bhumidhar with transferable rights may bequeath (for members of
SC/ST needs permission of collector)
RISTRICTIONS-
A transfer by which transferee become entitled greater than 5.05 ha. Is prohibited (u/s 154)
Foreign nationals can not acquire land without prior approval of state Govt
(u/s 154A)
A Mortgage with possession is prohibited (u/s 155)
RISTRICTIONS-
No bhumidhar or Asami can let for any period any part of his holding except in cases provided u/s 157 or to educational institutions connected with agriculture.
No Bhumidhar belonging to SC/ST can transfer his holding to a non SC/ST without Collectors permission
A transfer made in contravention of provision of ZALR shall be void
Result-the land in question along with trees crops well existing on such land will vest in State Govt.
U/S 165, the lessee will become
Bhumidhar with non-transferable rights
(if total land held by him is less than
12.50 acres)
If land held by lessee is more than
12.50 acres , land in question will vest in State