section 177
Disposal of holdings
Madhya Pradesh Land Revenue Code, 1959Tax1959309 of 312 sections available
Statutory text
- (1) If a Bhumiswami whose land has been assessed for the purpose of agriculture under section 59, or who holds land for dwelling purposes, dies, without known heirs, the Tahsildar shall take possession of his land and may lease it for a period of one year at a time. (2) If within three years of the date on which the Tahsildar takes possession of the land any claimant applies for the holding being restored to him, the Tahsildar may, after such enquiry as he thinks fit, place such claimant in possession of the land or reject his claim. (3) The order of the Tahsildar passed under sub-section (2) shall not be subject to appeal or revision but any person whose claim is rejected under sub-section (2) may, within one year from the date of the communication of the order of the Tahsildar file a civil suit to establish his title, and if such suit is filed, the Tahsildar shall continue to lease out the land as provided in sub-section (1) till the decision of the suit. (4) If no claimant appears within three years from the date on which the Tahsildar took possession of the land or if a claimant whose claim has been rejected under sub-section (2) does not file a suit within one year as provided in sub-section (3), the Tahsildar may sell the deceased Bhumiswami's right in the holding by auction. (5) Notwithstanding anything contained in any law for the time being in force a claimant who establishes his title in land which has been dealt with in accordance with the provisions of this section, shall be entitled only to the rents payable under sub-section (1) and the sale proceeds realized under sub-section (4) less all sums due on the holding on account of land revenue and the expenses of management and sale.
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