In force · As amended up to 2026-08
Second Schedule (Names of persons referred to in section 4).
THE OUDH ESTATES ACT, 1869.
ACT NO. 1 OF 1869.
_________
PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL.
( Received the assent of the Governor General on the 12th January 1869).
__________
An Act to define the rights of Taluqdárs and others in certain estates in Oudh,
and to regulate the succession thereto.
Preamble.—WHEREAS, after the re-occupation of Oudh by the British Government in the year 1858, the proprietary right in divers estates in that province was, under certain conditions, conferred by the British Government upon certain Taluqdárs and others; and whereas doubts may arise as to the nature of the rights of the said Taluqdárs and others in such estates, and as to the course of succession thereto; and whereas it is expedient to prevent such doubts, and to regulate such course, and to provide for such other matters connected therewith as are hereinafter mentioned; It is hereby enacted as follows:—
I.— Preliminary.
2. Interpretation-clause .—In this Act, unless there be something repugnant in the subject or context—
" Transfer ."—"Transfer" means an alienation inter vivos ;
" Will ".—"Will" means the legal declaration of the intentions of the testator with respect to his property 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, or adding 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 the registration of assurances for the time being in force in Oudh ;
"Minor." "Minority."—" Minor " means any person who shall not have completed the age of eighteen
years, and "minority" means the status of such person ;
" Taluqdár. "—"Taluqdár" means any person whose name is entered in the first of the lists mentioned in section eight ;
" Grantee. "—"Grantee" means any person upon whom the proprietary right in an estate has been conferred by a special grant of the British Government, and whose name is entered in the fifth or sixth of the lists mentioned in section eight ;
" Estate. "—"Estate" means the taluqa or immoveable property acquired or held by a Taluqdár or Grantee in the manner mentioned in section three, section four, or section five, or the immoveable property 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, under the special provisions of this Act ; and "legatee" means a person to whom property is bequeathed under the same provisions ;
Words expressing relationship .—Words expressing relationship denote only legitimate relatives, but apply to children in the womb who are afterwards born alive.
II.— Rights and liabilities of Taluqdárs and Grantees.
2. His Excellency in Council, agreeing with you as to the expediency of removing all doubts as to the intention of the Government to maintain the Taluqdárs in possession of the taluqas for which they have been permitted to engage, is pleased to declare that every Taluqdár with whom a summary settlement has been made since the re-occupation of the province, has thereby acquired a permanent hereditary and transferable proprietary right, viz. , in the taluqa for which he has engaged, including the perpetual privilege of engaging with the Government for the revenue of the taluqa.
2. This form of sanad is generally approved, and a revised copy, with some few alterations, is herewith enclosed for adoption and for careful translation into the Hindustani language, in which the sanads will be prepared.
Source: India Code