Act1
Enacted 1869

The Oudh Estates' Act, 1869

In force 33 sections Home Affairs

An Act to define the rights of Taluqdars and others in certain estates in Oudh, and to regulate the succession thereto.

Act 1 of 1869 Enacted 12 Jan 1869 Department Department of States

Administered by. Ministry of Home Affairs, Department of States · Other Acts of 1869

Preamble

THE OUDH ESTATES ACT, 1869

ACT NO. 1 OF 1869.

PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.

(Received the assent of the Governor General on the 12th January 1869).

An Act to define the rights of Taluqdárs and others in certain estates in Oudh, and to regulate the succession thereto.

Preamble.---WHEREAS, after the re-occupation of Oudh by the British Government in the year 1858, the proprietary right in divers estates in that province was, under certain conditions, conferred by the British Government upon certain Taluqdars and others ; and whereas doubts may arise as to the nature of the rights of the said Taluqdars and others in such estates, and as to the course of succession thereto ; and whereas it is expedient to prevent such doubts, and to regulate such course, and to provide for such other matters connected therewith as are hereinafter mentioned ; It is hereby enacted as follows :----

What this Act covers

Summary of Oudh Estates Act 1869

Purpose

• Define the rights of Taluqdárs and others in certain estates in Oudh.

• Regulate the succession to these estates.

Key Definitions (from Section 2 - Interpretation-clause)

• Transfer: Alienation inter vivos.

• Will: Legal declaration of intentions regarding property.

• Codicil: Supplement to a Will.

• Signed/Registered: Specific to affixing a mark and registration under Oudh's rules.

• Minor/Minority: Person under 18 years of age.

• Taluqdár: Person listed in the first of the lists mentioned in Section 8.

• Grantee: Person with proprietary right conferred by the British Government.

• Estate: Taluqa or immovable property held by a Taluqdár or Grantee.

• Heir/Legatee: Heir under the Act (excluding widows under special provisions) / Person bequeathed property.

Provisions (Limited to Provided Context)

1. Short Title & Extent: Cited as "The Oudh Estates' Act, 1869", applying only to specified estates.

2. Interpretation Clause: Defines key terms as above.

Sections

Type to filter. 33 sections.

  1. 1Short title
  2. 2Interpretation - clause
  3. 3Taluqdars to have heritable and transferable rights in their estates
  4. 4Rights and liabilities of persons named in second schedule
  5. 5Grantees' rights and liabilities
  6. 6Saving of certain redemption-suits
  7. 7Heirlooms
  8. 8Preparation of lists of Taluqdars and Grantees
  9. 9Publication of lists
  10. 10None but persons named in lists to be deemed Taluqdars or Grantees
  11. 11Taluqdars and Grantees may transfer and bequeath
  12. 12Rule against perpetuity
  13. 13Restriction as to donees and legatees
  14. 14Transfers and bequests to Taluqdars or heirs
  15. 15Transfers and bequests to persons out of line of seccession
  16. 16Transfers to be in writing, signed and attested
  17. 17Further requisites to validity of gifts inter vivos
  18. 18Gifts to religious or charitable uses
  19. 19Sections of Succession Act applied to wills of Taluqdars
  20. 20Bequests to religious and charitable uses
  21. 21'Son,' 'descendants,' 'daughter,' 'brother,' 'widow,' defined
  22. 22Special rules of succession to intestate Taluqdars and Grantees
  23. 23General rule of succession to intestate Taluqdars and Grantees
  24. 24Maintenance of surviving relatives of Taluqdars and Grantees
  25. 25Grandparents, parents, and senior widows. Junior widows
  26. 26Brothers and minor sons
  27. 27Unmarried daughters, widows of sons and brothers and inferior widows
  28. 28Continuance of annuities
  29. 29Muhammadan Taluqdars and Grantees empowered to adopt
  30. 30Alteration of rules of intestate succession in cases of Taluqdárs and Grantees named in list 3 or list 5
  31. 31Reverter to ordinary law of succession
  32. 32Saving of rights of creditors
  33. 33Awards as to compensation and maintenance

Schedules

This Act has 2 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 33 sections of this Act has its own page. This page is not a substitute for legal advice.