Avoidance of transfer in contravention of section 165

Tax1959309 of 312 sections available

Statutory text

(1) Where possession is transferred by a Bhumiswami in pursuance of a transfer which is in contravention of sub-section (6) of section 165 any person who, if he survived the Bhumiswami without nearer heirs would inherit the holding, may,— (i) till the 31st December 1978, in the case of transfer of possession prior to the 1st July 1976; and (ii) within five years of such transfer of possession, in subsequent cases, apply to the Sub-Divisional Officer to be placed in possession subject so far as the Sub-Divisional Officer may, in accordance with the rules made in this behalf, determine to his acceptance of the liabilities for arrears of land revenue or any other dues which form a charge on the holding, and the Sub-Divisional Officer shall dispose of such application in accordance with the procedure as may be prescribed. (2) When any land of a Bhumiswami is sold in contravention of sub-section (6) of section 165, the court by which such sale is ordered shall, on the application of the Bhumiswami or any person who, if he survived the Bhumiswami without nearer heirs would inherit the holding made within two years of such sale, set aside the sale and place the applicant in possession of the land subject to his accepting the liability for arrears of land revenue or any other dues which form a charge on the land.

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