Section 13 of The Oudh Estates Act, 1869
No Taluqdár or Grantee, and no heir or legatee of a Taluqdár or Grantee, shall have power to give or bequeath his estate, or any portion thereof, or any interest therein, to any person not being either- (1.) —a person who, under the provision of this Act, or under the ordinary law to which person of the donor's or testator's tribe and religion are subject, would have succeeded to such estate or to a portion thereof, or to an interest therein, if such Taluqdár or Grantee, heir or legatee, had died intestate, or (2.) — a younger son of the Taluqdár or Grantee, heir or legatee, in case the name of such Taluqdár or Grantee appears in the third or the fifth of the lists mentioned in section eight, except by an instrument of gift or a will executed and attested, not less than three months before the death of the donor or testator, in manner herein provided in the case of a gift or will, as the case may be, and registered within one month from the date of its execution.
Summary
- An estate owner cannot give or leave their property in a will to just anyone.
- They can freely give it to someone who would normally inherit it if they died without a will.
- They can also freely give it to a younger son, provided the owner's name is in the third or fifth list mentioned in section eight of the Act.
- If they want to give it to someone outside these groups, they must make a written document or will at least three months before they die.
- This written document must also be registered within one month from the day it is made.
Practical examples
FAQ
1. Can an owner freely give their property to their natural heir?
Yes, if the person would have inherited the property anyway if the owner died without a will, the strict time limits do not apply.
2. What happens if the document is not registered in time?
If the gift is to someone outside the allowed groups, the document must be registered within one month. If it is not, the transfer is invalid.
3. Does the three-month rule apply to everyone?
It only applies if the owner is giving the property to someone who is not a natural heir or a permitted younger son.
Test yourself
Q1.Under Section 13 of The Oudh Estates Act, 1869, what is the deadline to register a gift document when giving property to someone who is not in the normal line of succession?
Q2.Under Section 13 of The Oudh Estates Act, 1869, an owner can freely give property to a younger son without the three-month restriction only if the owner is included in which lists mentioned in Section 8?
Q3.Under Section 13 of The Oudh Estates Act, 1869, how long before the owner's death must a will be executed if the property is left to a stranger?
Q4.If an owner governed by Section 13 of The Oudh Estates Act, 1869 gives an estate to someone who would normally inherit it if the owner died without a will, which requirement applies?