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State of Uttar Pradesh - Section

Section 114 in U.P. Revenue Code, 2006

114. Other conditions regarding devolution.

- The devolution of interest in any holding under this Chapter shall be subject to the following conditions : -
(a)If a [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.] dies instate, and at the time of his death, a child was in the womb who was subsequently born alive, then such child shall have the same right to inherit as if he or she had been born before the death of such [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.], and the inheritance shall be deemed to vest in such a case with effect from the date of death of such [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.];
(b)Where two persons have died in circumstances rendering it uncertain whether either of them and if so which survived the other, then for purposes of devolution of interest in any holding, it shall be presumed, until the contrary is proved, that the younger survived the elder;
(c)A person who commits murder of a [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.], or abets the commission of such murder, shall be disqualified from inheriting the interest of the deceased in any holding;
(d)If any person is disqualified from inheriting the interest in the holding of any [bhumidhar, asami or government lessee] [Substituted 'bhumidhar or asami' by U.P. Act No. 4 of 2016, dated 11.3.2016.] under clause (c), such interest shall devolve as if the disqualified person had died before the death of such bhumidhar.
[Explanation. - In this section, the expression 'murder' means any offence punishable under Section 302, Section 304, Section 304-B, Section 305 or Section 306 of the Indian Penal Code.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]