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State of Maharashtra - Section

Section 6 in The Exemptions from Land-Revenue (No. 1) Act, 1863

6. Holders asserting right to exemption may claim trial of, and adjudication upon, their title according to Act XI of 1852.

- When lands are held wholly or partially exempt from the payment of land-revenue, upon the title to which exemption there has not been any formal adjudication, the holders asserting a right to such exemption shall be at liberty, on the conditions hereinafter described, to claim a trial of, adjudication upon, their title according to Act XI of 1852, so far as the same is not altered, modified or superseded by, or inconsistent with, the provision of this Act.Effect of exemption being established.In the event of the title to such exemption being upon such inquiry demanded as last aforesaid duly established, the land shall be not be heritable in any other manner, or to any further extent than the same may, on such inquiry as last aforesaid ,be adjudged to be heritable: nor shall any adoption be recognised in any Civil Court [* * * *] [The words 'or Court of law or Equity' were repealed by the Repealing Act, 1876 (12 of 1876).] or by any officer of [the Crown] [The words 'the Crown' were substituted for the word' Government' by the Adaptation of Indian Laws order in Council.], as creative of or continuing, a title to claim from [the Crown] [The words 'the Crown' were substituted for the word' Government' by the Adaptation of Indian Laws order in Council.] any exemption from assessment or any other privilege on account of the said lands; and nazrana shall be received on account of [the Provincial Government] [The words' the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws order In Council.] from the holders of such lands.And whensoever the same lands or any part thereof, either by operation of law, or by devolution, assignment, gift, sale (whether such sale be judicial, public or private), devise, transfer-deed or other instrument, or otherwise howsoever, pass to any person, not an heir by actual descent from the person to whose heirs the lands shall be declared heritable, or in default of such declaration, from the person who may establish his title to exemption as last aforesaid, then the said lands, or such part thereof as may have so passed to any person other than the said actual descendants, shall forthwith become and be liable to payment of annual land-revenue at the full assessment.Effect of exemption not being established.In the event, upon such inquiry as aforesaid, of there being a failure by the holders to establish title to exemption from payment of land revenue, the lands to which he has failed to establish such title shall forthwith become and be liable to payment of annual revenue at the full assessment