Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1] [Entire Act]

State of Andhra Pradesh - Section

Section 18 in Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948

18. Vesting of buildings situated in estates.

(1)Every building situated within the limits of an estate, which immediately before the notified date, belonged to any landholder thereof and was then being used by him as an office in connection with its administration and for no other purpose, shall vest in the Government, free of all encumbrances, with effect on and from the notified date.
(2)Every building so situated which, immediately before the notified date, belonged to any such landholder and the whole or principal part whereof was then in the occupation of any religious, educational or charitable institution, shall also vest in the Government, free of all encumbrances, with effect on and from the notified date; Provided that when such institution ceases to exist, the building shall revert to such landholder, or if he is dead, to his heirs or legal representatives.
(3)Where any building so situated -
(a)which belonged to any such landholder on the 1st day of July 1947; and
(b)
(i)which on that date was being used by him as an office in connection with the administration of the estate, and for no other purpose, or
(ii)the whole or principal part whereof was on that date in the occupation of any religious, educational or charitable institution has after the 1st day of July 1947 and before the notified date, been sold or made a gift of, by the landholder, or ceased to be used by him as an office as aforesaid, or ceased to be in the occupation of such institution, the value of the building shall be assessed by the Tribunal in such manner as may be prescribed; and the Tribunal shall pay to the Government such value from out of the compensation deposited in its office under Section 41, sub-section (1).
(4)Every building other than a building referred in sub-sections (1), (2), and (3) shall, with effect on and from the notified date, vest in the person who owned it immediately before that date; but the Government shall be entitled
(i)in every case, to levy the appropriate assessment thereon; and
(ii)in the case of a building which vests in a person other than a landholder, also to the payments which such person was liable immediately before the notified date to make to any landholder in respect thereof, whether periodically or not and whether by way of rent or otherwise, in so far as such payments, may accrue due on or after the notified date.
(5)In this section, "building" includes the site on which it stands and any adjacent premises occupied as an appurtenance thereto.
(6)If any question arises whether any building or land falls or does not fall within the scope of sub-section (1), (2) (3), (4) or (5), it shall be referred to the Government whose decision shall be final, and not be liable to be questioned in any Court of Law.
(7)Any person holding a mortgage or charge on any building referred to in sub-section (1) or sub-section (2) shall, for the purpose of Section 42, be a secured creditor and be entitled to priority over any person holding a mortgage or charge subsequently created by the landholder over any part of the estate. Sales and Leases of Certain Lands