Escheat

Section 115 of Uttar Pradesh Revenue Code-2006 deals with escheat. Divisional Officer may take possession of the land held by such bhumidhar or asami, and may lease it for a period of one agricultural year at a time, in the manner prescribed. The Act was enacted on 11 Feb 2016.

115. (1) Where a bhumidhar or an asami holding land from a ¹[Gram Panchayat] dies without known heir, the Sub-Divisional Officer may take possession of the land held by such bhumidhar or asami, and may lease it for a period of one agricultural year at a time, in the manner prescribed.

(2) The terms and conditions of every lease under sub-section (1) shall be such as may be prescribed.

(3) If within three years of the date on which the Sub-Divisional Officer takes possession of the land any claimant applies for the land being restored to him, the Sub-Divisional Officer may, after such inquiry as he thinks fit, allow of reject his claim.

(4) Any person aggrieved by an order rejecting his claim under sub-section (3) may within one year from the date of communication of such order to him, file a suit for declaration of his rights under section 114.

(5) The Sub-Divisional Officer shall continue to lease out the land in accordance with sub-sections (1) and (2) till the suit referred to in sub-section (4) is finally decided.

(6) If no claimant appears within three years from the date of taking possession of the land by the Sub-Divisional Officer, or it the claimant whose claim has been rejected under sub-section (3) does not file a suit in accordance with sub-section (4) or the suit if filed is finally dismissed then the land shall be deemed to have vested in the ¹[Gram Panchayat] or the local authority under section 59 with effect from the following date, namely :–

(a) where no claimant appears, from the date of expiry of the three years period referred to in sub-section (3) ; or

(b) where the claimant does not file a suit for declaration, from the date of expiry of the one year period referred to ins sub-section (4) ; or

(c) where the suit filed by the claimant under sub-section (4) is finally dismissed, from the date of such final dismissal.

(7) Where any claimant succeeds in any claim under subsection (3) or in any, suit filed under sub-section (4), he shall, notwithstanding anything contained in any law for the time being in force, be entitled to possession of the land and to the rent realized from the lessee after deducting all arrears of land revenue due in respect of such land and the expenses of its management.

Section 115, Uttar Pradesh Revenue Code-2006 (Act 8 of 2012).