Section 3 of The Oudh Estates Act, 1869
Every Taluqdar with whom a summary settlement of the Government revenue was made between the first day of April 1858 and the tenth day of October 1859, or to whom, before the passing of this Act and subsequently to the first day of April 1858, a Taluqdari sanad has been granted, Shall be deemed to have thereby acquired a permanent, heritable and transferable right in the estate comprising the villages and lands named in the list attached to the agreement or kabuliyat executed by such Taluqdar when such settlement was made, or which may have been or may be decreed to him by the Court of an officer engaged in making the first regular settlement of the provinces of Oudh, such decree not having been appealed from within the time limited for appealing against it, or, if appealed from, having been affirmed, Subject to certain conditions. ---Subject to all the conditions affecting the Taluqdar contained in the orders passed by the Governor General of India on the tenth and nineteenth days of October 1859 and republished in the first schedule hereto annexed, and subject also to all the conditions contained in the sanad under which the estate is held.
Summary
- Certain landowners called Taluqdars are granted permanent rights to own, pass down, and transfer their estates.
- These rights cover the villages and lands listed in the agreement the Taluqdar signed during the settlement.
- The property rights are not absolute. They are subject to conditions from the Governor General's orders passed in October 1859 and the conditions in their specific deed.
- These rights also apply to land awarded to the Taluqdar by a court decree during the first regular settlement, as long as the decree was not successfully appealed.
Practical examples
FAQ
1. What kind of rights do Taluqdars have over their estates?
They have a permanent right that they can pass down to heirs or transfer to others.
2. Are these property rights completely without limits?
No, the rights are subject to conditions found in the government orders of October 1859 and any conditions written in the landowner's specific deed.
Test yourself
Q1.Under Section 3 of The Oudh Estates Act, 1869, what type of rights does a qualifying Taluqdar acquire in their estate?
Q2.Under Section 3 of The Oudh Estates Act, 1869, between which dates must a summary settlement have been made for this section to apply automatically?
Q3.Under Section 3 of The Oudh Estates Act, 1869, how do the rights granted cross-reference the First Schedule of the Act?
Q4.Under Section 3 of The Oudh Estates Act, 1869, what happens if an estate was decreed to a Taluqdar by a court, but that decree was successfully appealed and overturned?