RIGHTS OF BHUMIDHARS

(SECTION 75)

1. RIGHT TO USE LAND

2. NO RIGHT TO APPROPRIATE MINERALS
3. RIGHT TO GET DECLARATION
4. RIGHT TO TRANSFER
5. RIGHT OF EXCHANGE
6. RIGHT TO BEQUEST
7. RIGHT TO SUE FOR DIVISION
8. RIGHT OF NON EJECTMENT

1. RIGHT TO USE OF LAND BY BHUMIDHARS

~ Every tenure holder who is Bhumidhar has the exclusive right to retain the possession over
the land and it may be used for purposes whatsoever.

~ The "purposes whatsoever" means such Bhumidhar may use his holding not only for
purposes connected with agriculture, horticulture, animal husbandry, poultry farming, piggery
or pisciculture etc.

~ The word "use of land" also includes not to use land for above purposes and keep the land
vacant.

2. NO RIGHT TO APPROPRIATE MINERALS

~ Bhumidhar with Transferable rights has no right to appropriate minerals existing on his
Bhumidhari land.

~ The word "mineral" primarily means something which grows in or is dug out of a mine.

~ CASE- Laddoomal V. State of Bihar(1965)

Minerals in its widest sense means 'any ingredient in the earth's crust; more specifically a
body destitute of organism but with a definite chemical composition which naturally exist
within the earth or its surface'

~ Minerals and Mines under the UP REVENUE CODE have been vested in the State.

~ The Corpus is vested in the state.

~ CASE- Sharma and Co. V. State of U.P.(1975)

In this case, the petitioners were manufacturers of bricks excavating earth from out of their
own bhumidhari plots. They were asked to pay royalty for bricks manufactured. The notice
was served under UP Mines and Minerals Rules 1963.

3. RIGHT TO GET DECLARATION(Section 80)

~ Bhumidhar be Transferable right has right to change the use of his holding a part for the
purposes of industry commercial or residential which are other than agricultural pisculture,
animal husbandry, Horticulture, sericulture, poultry farming or other such kind of activities.

~ The Bhumidhar can move an application before the Sub Divisional Officer seeking
permission to change the use of land and declaration in regard to it.

~ After the receipt of such application with all the formalities and no objection of co- sharers,
the order shall be passed within 45 days mentioning the reason to grant the permission to
change the utility of the holding completely or partly or reject the application

~ The Order passed by authority will be communicated to the applicant accordingly.

4. RIGHT TO TRANSFER
~ Section 88 of UP Revenue Code provides that the interest of Bhumidhar with Transferable
rights is transferable.

~ Bhumidhar with Transferable right can transfer his holding or any part of it.

~ He may sell or gift or bequeth it to any person. There is no restriction on his right to sell or
bequest.

~ This right of transfer is available to all the Bhumidhar with Transferable rights whether he
may be a female or male, whether he is a hindu or non Hindu, whether the Bhumidhari land is
self acquired or ancestral.

~ CASE- Ramji Dixit vs Bhrigunath Nath(1968)

In this case, a widow inherited some Sir and khudkasht land from her husband. On the
abolition of zamindari, she became Bhumidhar. She transferred the land by way of gift. The
appellant challenged the transfer. Supreme Court held that she was at liberty to make an
absolute gift of such property by the ordinary rules of Hindu law.

5. RIGHT OF EXCHANGE
~ Bhumidhar may exchange his land with the land of any other bhumidhar or Gram
Panchayat or local authority (like municipality, town area)- being the land of section 59 of
the code, after obtaining prior permission from SDO of Tehsil.
~ The SDO has right to refuse a permission for grant of exchange if he is not satisfied that-
a) the proposed exchange is not necessary to secure the facilities of cultivation or in the
interest of consolidation of Holdings
b) if the difference between rental value of both plots in question is more than 10%
c) in case exchange is allowed, thereafter the difference in area exceed up to 25% or
more
d) in case the land is falling under section 59 of the court and is reserved for purposes of
planned use, exchange cannot be made because no Bhumidhari rights shall accrue
after the exchange
e) in case the proposed land of other side is not situated within the limits of same Tahsil

~ The exchange of land can be made easily where the holding is belonging to an individual
But in case there are a number of co-sharers having their joint share, the exchange of holding
cannot be given effect unless and until all the co-sharers give their consent or land of
interested shareholder is divided under the provisions of law.

6. RIGHT TO BEQUEST
~ Bhumidhar with Transferable right may by "Will" bequeth his holding on any part of it.

~ The Will must be in writing, attested by two witnesses and registered.

~ The competent authority for registration of Will and other documents as sale deed,
agreement etc. is Registrar/ Sub-Registrar Of the District

~ A will is the legal declaration of the intention of a testator with respect to his property
which she desires to be carried on into effect after his death.

~ The Will is not a transfer but a mode of devolution.

~ Bhumidhar with Transferable right either male or female can make will in respect of
bhumidhari land whether it is self acquired and ancestral or received in succession.

~ Among the three tenure holders, only the Bhumidhar with Transferable exclusively
possesses this right to bequest.
Bhumidhar with non Transferable rights and Asami have no right to make will.

7. RIGHT TO SUE FOR DIVISION(Section 116)

~ Bhumidhar may sue for division of his holding as co-sharers.

~ To every such suit, the Gram Panchayat concerned shall be made a party.
~ The suit shall be filed in the Revenue Court of sub divisional officer, for the division of
standing trees, well and other improvement.

~ If there are several co- shares and all or some of them only are interested to get partitioned
their share from others, a single suit will lie impeding all persons against whom who are not
interested, along with the formal opposite parties before the court of sub divisional officer.

~ The SDO shall pass the order to divide the share of each shareholder to fix land revenue
and necessary conditions in corrections in map showing the share of co-sharers in different
colours.

~ SDO shall decide the suit within the period of six months and in case he fails to do so
record the reasons for the same

~ Any aggrieved party has a right to prefer for appeal before the Commissioner and thereafter
the second appeal in the court of Board of Revenue.

8. RIGHT TO NON EJECTMENT

~ Section 130 of UP Revenue Court declares that "No Bhumidhar shall be liable to ejectment
from his holding except as provided under the code.
It means a Bhumidhar cannot be ejected from his holding on any ground whatsoever

~ Section 130 is the smallest in size but is declared as the most important provision of law
that the bhumidhar is immune from ejectment.

~ EXAMPLE- If a Bhumidhar keeps his land vacant for a period of 20 years, he cannot be
ejected. If he fails to pay the land revenue, he cannot be ejected, although holding can be
sold for realisation of arrears of land revenue.