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Section 15 of The Oudh Estates Act, 1869

If any Taluqdár or Grantee shall heretofore have transferred or bequeathed, or if any Taluqdár or Grantee or his heir or legatee shall hereafter transfer or bequeath to any person not being a Taluqdár or Grantee the whole or any portion of his estate, and such person would not have succeeded according to the provisions of this Act to the estate or to a portion thereof if the transferor or testator had died without having made the transfer and intestate, the transfer of and succession to the property so transferred or bequeathed shall be regulated by the rules which would have governed the transfer of and succession to such property if the transferee or legatee had bought the same from a person not being a Taluqdár or Grantee.

Summary

This rule covers giving or leaving property to an outsider, meaning someone who is not a recognized owner and not a natural heir.
When property goes to an outsider, it drops out of the special inheritance rules of this Act.
The transfer and future inheritance of that property will be treated exactly as if the receiver bought it from a regular person.
This essentially reverts the property back to being governed by ordinary law.

Practical examples

1In 1895, an estate owner leaves a large farm in his will to his close business partner, David. Because David is an outsider, when David dies many years later, the farm will be passed on according to ordinary inheritance laws, not the special rules of the estate owners.

2An owner transfers a small village to a loyal servant. Since the servant is not in the line of succession, the special legal protections and inheritance rules of the estate act no longer apply to that village.

FAQ

1. What is considered a person out of the line of succession?

Someone who is not a recognized estate owner and who would not have normally inherited the property if the owner died without a will.

2. What happens to the property's special legal status?

It loses it. The property becomes regulated by the rules that would apply if it had been bought from a regular, non-estate owner.

3. Can the property ever go back to the special rules?

This section does not provide a way for the property to return to the special rules once transferred to an outsider.

Test yourself

Q1.Under Section 15 of The Oudh Estates Act, 1869, what happens to the rules of succession for an estate given to a person out of the normal line of succession?

Q2.How does Section 15 of The Oudh Estates Act, 1869 interact with the situations described in Section 14?

Q3.Under Section 15 of The Oudh Estates Act, 1869, does this rule apply to transfers that happened before the law was created?

Q4.According to Section 15 of The Oudh Estates Act, 1869, if a property is left in a will to an outsider, how is the transfer itself regulated?

14PreviousSection 14 Transfers and bequests to Taluqdars or heirs.16NextSection 16 Transfers to be in writing, signed and attested.

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