Section 172 in The U.P. Zamindari Abolition and Land Reforms Act, 1950
172. Succession in the case of a woman holding an interest inherited as a widow, mother, daughter, etc.
- [(1) When a bhumidhar, [* * *] [Substituted by U.P. Act No. 20 of 1954.] or asami who has after the date of vesting, inherited an interest in any holding-(a)as a widow, widow of a male lineal descendant, in the male line of descent, mother or father's mother dies, marries, abandons or surrenders such holding or part thereof; or(b)as a daughter, son's daughter, sister or half-sister being the daughter of the same father as the deceased [marries] [Inserted by U.P. Act No. 37 of 1958.] dies, abandons or surrenders such holding or part thereof, the holding or the part shall devolve upon the nearest surviving heir (such heir being ascertained in accordance with the provisions of Section 171) of the last male bhumidhar, [* * *] [Omitted by U.P Act No. 8 of 1977(w.e.f. 28.01.1977).] or asami.](2)Where a bhumidhar [* * *] [Omitted by U.P. Act No. 8 of 1977(w.e.f. 28.01 1977).] who has before the date of vesting inherited an interest in any holding as a [widow, widow of a male lineal descendant in the male line of descent, mother, daughter, father's mother, son's daughter, sister or half-sister being the daughter of the same father as the deceased] [Substituted by U.P. Act No. 20 of 1954.]-(a)dies and such bhumidhar [* * *] [Omitted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] was on the date immediately before the said date an intermediary of the land comprised in the holding or held the holding as a fixed rate tenant, or an exproprietary or occupancy tenant in Avadh or as a tenant on special terms in Avadh and-(i)she was in accordance with the personal law applicable to her entitled to a life estate only in the holding, the holding shall devolve upon the nearest surviving heir (such heir being ascertained in accordance with the provisions of Section 171) of the last male intermediary or tenant aforesaid; and if(ii)she was in accordance with the personal law applicable to her entitled to the holding absolutely the holding shall devolve in accordance with the table mentioned in Section 174;(b)[ dies, abandons or surrenders and in the case of a widow, widow of a male lineal descendant in the male line of descent, mother, father's mother, marries such bhumidhar [* * *] [Substituted by U.P. Act No. 20 of 1954.] on the date immediately before the said date held the holding otherwise than as an intermediary or tenant referred to in Clause (a), the holding shall devolve upon the nearest surviving heir (such heir being ascertained in accordance with the provisions of Section 171) of the last male tenant.](3)The provisions of sub-section (1) mutatis mutandis apply to an asami who inherited the holding before the date of vesting.(4)Nothing in sub-section (1) shall apply to a person succeeding to an interest in any holding under the provisions of Section 174.Explanation. - For the purposes of this section the expression "last male bhumidhar, [* * *] [Omitted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] or asami" includes the last male tenant, grove-holder, permanent lessee in Avadh, grantee or sir or khudkasht holder, as the case may be.
