Section 12(2)(d) in The U.P. Imposition Of Ceiling On Land Holdings Act, 1960

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State of Uttar Pradesh - Subsection

Section 12(2)(d) in The U.P. Imposition Of Ceiling On Land Holdings Act, 1960

(d)where any person holds land in excess of the ceiling area including land which is the subject of any transfer or partition referred to in sub-section (6) or sub-section (7) of Section 5, the surplus land determined shall, as far as possible, be land other than land which is the subject of such transfer or partition, and if the surplus land includes any land which is the subject of such transfer a partition, the transfer or partition shall, insofar as it relates to the land included in the surplus land, be deemed to be and always to have been void, and -

(i)it shall be open to the transferee to claim refund of the proportionate amount of consideration, if any, advance by him to the transferor, and such amount shall be charge on the [amount] [Substituted by U.P. Act No. 20 of 1976 and shall be deemed always to have been substituted.] payable to the transferor under Section 17 and also on any land retained by the transferor within the ceiling area, which shall be liable to be sold in satisfaction of the charge, notwithstanding anything contained in, Section 153 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950;

(ii)any party to the partition (other than the tenure-holder in respect of whom the surplus land has been determined) whose land is included in surplus land of the said tenure-holder shall be entitled to have the partition re-opened.]

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State of Uttar Pradesh - Subsection

Section 12(2)(d) in The U.P. Imposition Of Ceiling On Land Holdings Act, 1960