Rights of Bhumidhar

with Transferable
Rights
Section 79

 Exclusive possession of land

 Right to use of land for any purpose

A bhumidhar with transferable rights shall, subject to the provision of this Code,
have the right to exclusive possession of all land of which he is such a bhumidhar
and to use it for any purpose whatsoever.
Such a possession shall not be disturbed except the provisions of this code.
“Any purpose whatsoever”
Not only for agricultural purpose or animal husbandry, fisheries, dairies but also
for establishing an industry, construction of building for residence, school, shops
etc. and also for fallow land.
Section 80

 Land use for Industrial, Commercial or residential purpose

Declaration or rejection by the Sub-divisional Officer i.e. the Asst. Collector on
the application by the Bhumidhar or suo moto.
Fee prescribed by the State Gov. which would be 1 percent of the amount
calculated as per the circle rate for agricultural purpose, fixed by the collector
of a District.
Section 88

 Right to transfer
 Transferability of a Bhumidhar’s Interest – the interest of a BwTR shall be
transferable.
Section 95 and 96

 Right to lease in certain cases

 Lease by diabled person - whole or part of his holding for a period not exceeding 3 years at a time
A – mentally ill/mentally retarded – letting done by guardian/manager
B- physical infirmity
C- deity/waqf
D- widow/unmarried woman
E- married woman
F- minor
G- prosecuting studies
H- serving in military, navy or air-force
I- any other prescribed reason
J- detention/punishment
Section 96

 Lease by a disabled co-sharer - when the holding is held jointly by more than
one person, and all of them are not disabled, then only the disabled co-sharer
may alone let out his share in the holding.
Section 101

 Right to exchange
A bhumidhar with prior permission of the SDO, exchange his land with the land -
a. Held by another bhumidhar
b. Entrusted/deemed to be entrusted to Gram Panchayat
The SDO may refuse to permit if –
c. Is not necessary
d. Valuation is low
e. The area is lesser
f. If the land entrusted to the Gram Panchayat is reserved for planned use
g. If the location of the land is in different tahsil
Section 107(1)

 Right to bequeath – subject to the provisions of this code, a BwTR may

bequeath his interest in any holding by will.
Section 108

 Right to succession
 The interest in the holding which belong to the Bhumidhar and he dies, shall
devolve upon his heirs.
Section 116

 Right to sue for division

 May sue for the division of his holding if he is a co-sharer
 The court may also divide the tress, wells and other improvements and where
such division is not possible- the valuation shall be done and divided in an
adjusted manner.
 One suit may be instituted for more than one holding which is to be divided
Section 118

 Right to surrender interest in holdings

 A bhumidhar may surrender his interest in any holding or any part by giving an
application in writing to the Tahsildar by giving up his possession
Section 122

 Right to abandonment
 Fails to pay the land revenue, does not use the land for 3 years and has left
the village and the whereabouts not known, then the collector after enquiry
take the possession of such land
 the collector may let the land for a period of one agricultural year at a time
 The Bhumidhar or any other person lawfully entitled claims the land within 3
agricultural years, the collector may restore the holding after payment of
required dues.
Section 130

 Right to non-ejectment
 no bhumidhar shall be liable to be ejected from his holding
Section 144

 Right to get declaration through declaratory suit

 Any person claiming to be a bhumidhar of any holding or a part thereof,
whether exclusively or jointly, may sue for declaration of his rights.
 In every such suit the Bhumidhar, the State and the Gram Panchayat shall be
the necessary parties.
Section 87

 Right to improvement
 It shall be lawful for a bhumidhar to make any improvement in his land
Section 25

 Right of way and other easements

Section 41

 Right to Kisan Bahi

 Every time when a record of rights (khatauni) is prepared, the collector shall
as soon as may be, cause to supply the Kisan Bahi to every tenure holder
 kisan bahi is like a passbook of bank
Thank You !