Section 1 Short title.
This Act may be cited as “The Oudh Estates’ Act, 1869,” and shallextent only to the estates hereinafter referred to.
Section 2 Interpretation - clause.
clause.--- In this Act, unless there be something repugnant in the subject orcontext.----
"Transfer."-- "Transfer" means an alienation inter vivos ;
"Will".---"Will" means the legal declaration of the intentions of the testator with respect to hisproperty affected by this Act, which he desires to be carried into effect after his death ;
"Codicil".--- "Codicil" means an instrument made in relation to a Will, and explaining, altering, oradding to its dispositions : It is considered as forming an additional part of the Will ;
"Signed."--- "Signed" applies to the affixing of a mark ;
"Registered".--- "Registered" means registered according to the provisions of the rules relating to theregistration of assurances for the time being in force in Oudh ;
"Minor". "Minority".--- "Minor" means any person who shall not have completed the age ofeighteen years, and "minority" means the status of such person ;
"Taluqdar".--- "Taluqdar" means any person whose name is entered in the first of the lists mentionedin section eight ;
"Grantee".--- "Grantee" means any person upon whom the proprietary right in an estate has beenconferred by a special grant of the British Government, and whose name is entered in the fifth or sixth ofthe lists mentioned in section eight ;
"Estate" .--- "Estate" means the taluqa or immoveable property acquired or held by a Taluqdar orGrantee in the manner mentioned in section three, section four, or section five, or the immoveableproperty conferred by a special grant of the British Government upon a Grantee ;
"Heir" "Legatee" .--- "Heir"means a person who inherits property otherwise than as a widow, underthe special provisions of this Act ; and "legatee" means a person to whom property is bequeathed underthe same provisions ;
Words expressing relationship .--- Words expressing relationship denote only legitimate relatives,but apply to children in the womb who are afterwards born alive.
Section 3 Taluqdars to have heritable and transferable rights in their estates.
Every Taluqdar withwhom a summary settlement of the Government revenue was made between the first day of April 1858and the tenth day of October 1859, or to whom, before the passing of this Act and subsequently to thefirst day of April 1858, a Taluqdari sanad has been granted,
Shall be deemed to have thereby acquired a permanent, heritable and transferable right in the estatecomprising the villages and lands named in the list attached to the agreement or kabuliyat executed bysuch Taluqdar when such settlement was made,
or which may have been or may be decreed to him by the Court of an officer engaged in making thefirst regular settlement of the provinces of Oudh, such decree not having been appealed from within thetime limited for appealing against it, or, if appealed from, having been affirmed,
Subject to certain conditions. ---Subject to all the conditions affecting the Taluqdar contained in theorders passed by the Governor General of India on the tenth and nineteenth days of October 1859 and republished in the first schedule hereto annexed, and subject also to all the conditions contained in thesanad under which the estate is held.
Section 4 Rights and liabilities of persons named in second schedule.
Every person whose lands theproclamation issued in Oudh in the month of March 1858 by order of the Governor General of Indiaspecially exempted from confiscation, and whose names are contained in the second schedule heretoannexed, shall be deemed to possess in the lands for which such person executed a kabuliyat between thefirst day of April 1858 and the first day of April 1860 the same right and title which he would havepossessed thereto if he had acquired the same in the manner mentioned in section three ; and he shall bedeemed to hold the same subject to all the conditions affecting Taluqdárs which are referred to in the saidsection, and to be a Taluqdár for all the purposes of this Act.
Section 5 Grantees' rights and liabilities.
Every Grantee shall possess the same rights and be subject tothe same conditions in respect of the estate comprised in his grant as a Taluqdár possesses and is subjectto, under section three, in respect of his estate.
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