Classes on Tenure Holders Under U.P.

Zamindari Abolition Act

Earlier There were 14 types of tenures before the UP Zamindari Abolition and
Land Reforms Act 1950 was enacted. These categories were very confusing and
complicated. Therefore, all the old classes of land tenures were abolished by the
new Act and substituted these classes with four new classes of land
tenures: Section 74 provides the same i.e- 4 types

1. Bhumidhar with transferable rights

2. Sirdar or Bhumidhar with non-transferable rights

3. Asami

4. Govt. Lessee
.

Section 133 A was added in by the U.P. Zamindari Abolition and land reform
Amendment Act 1958, which added another category of land tenure called
“government leases”.

But, the provisions of the Act do not govern the rights and liabilities of the
government leases but these are governed by terms and conditions of the lease.

In 1977, after an amendment, all the sirdars were converted into two new classes;
(a) bhumidhar with transferable rights and (b) bhumidhar with non- transferable
rights. Asami’s category was not changed. After the amendments made in 1977,
there were three categories of tenure holders according to U.P. Zamindari
Abolishment and Land Reform Act:

1. Bhumidhar with transferable rights.

2. Bhumidhar with non-transferable rights.

 3. Govt. Lessee

4. Asami.

Who is a Bhumidhar with transferable rights?

Given under section 75 of UP Revenue Code (Read from bare act)

Additionally ,Section 130 of the U.P. Zamindari Abolition and Land Reform Act,
also specifies bhumidhar with transferable rights into four classes:

1. Every person who gained ownership of land or became a bhumidhar

after the abolition of zamindari by the Act.

2. Every person who became a sirdar after the abolition of zamindari in

1950 and had paid ten times of the land revenue to acquire bhumidhari
rights.

3. Anyone who was a sirdar before the UP Land Laws (Amendment) Act,
1977 was enacted and had the right to acquire bhumidhari rights by
paying ten times of the land revenue.

4. Any person, other than the above categories, who acquires bhumidhari
rights through any other manner with transferable rights in accordance
with the provisions of the U.P. Zamindari Abolition and Land Reform
Act.

According to the amendment of 1977, the bhumidhar with transferable rights has
the most secure and highest type of ownership or highest type of tenure holder.
His/Her interest is protected, permanent, transferable and heritable.
SOME BASIC RIGHTS OF Bhumidar With Transferable Rights

(Explain each point mentioned below)

1. RIGHT TO USE OR ENJOY of LAND

2. RIGHT TO SUE FOR DIVISION or PARTITION

3. RIGHT TO NON EJECTMENT

4. RIGHT TO SALE

5. RIGHT TO LEASE

6. RIGHT TO MORTGAGE

7. RIGHT TO GET DECLARATION

8. RIGHT TO APPROPRIATE MINERALS

9. rIGHT TO BEQUEST