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CHANDRA KUMAR RAI
Somwati – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner's inheritance claim based on will deed. (Para 2) |
| 2. arguments on legality of will deed and its cancellation. (Para 3 , 4) |
| 3. court affirms execution violation and legality of vesting. (Para 5 , 6 , 10 , 11 , 12) |
| 4. significance of statutory provisions on land transfer restrictions. (Para 7 , 8 , 9) |
| 5. final dismissal of the writ petition. (Para 13 , 14) |
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Rajeev Kumar, learned counsel for the petitioner, Shri Abhisekh Shukla learned Additional Chief Standing Counsel for the State-respondent and Shri Krishna Kant Singh, learned counsel for the respondent- Goan Shabha.
2. Brief facts of the case are that one Prasadi, who belongs to scheduled caste community, was the bhumidhar of plot no.944/13, area 0.405 hectare, situated at village Vasundhara, Pargana Marhara, Thesil and District Etah. Petitioner is the daughter of Prasadi. Prasadi had executed a registered will deed on 21.1.2000 in respect to his share of the plot in dispute in favour of respondent no.6-Neeresh Kumar, whose name was also mutated in the revenue records on the basis of aformentioned will deed vide order dated 30.8.2010. A restoration application was filed
The Assistant Collector First Class is the sole authority to declare agricultural land transactions void under Section 166 of the U.P. Zamindari Abolition and Land Reforms Act.
Only the Assistant Collector First Class is authorized to declare transactions void under Section 157-A of the U.P. Z.A. and L.R. Act, requiring proper inquiry into caste claims before such declarati....
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
Only land transferred in violation of the law vests with the State, preserving the rights of the bhumidhar for other plots.
The court affirmed that land recorded as Abadi under the U.P. Zamindari Abolition and Land Reforms Act, 1950, remains vested in the State, allowing for resumption under Section 117(6) despite claims ....
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