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State of Uttar Pradesh - Section

Section 108 in U.P. Revenue Code, 2006

108. [ General order of succession to male bhumidhar, asami or government lessee. [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

(1)Subject to the provisions of Section 107, where a bhumidhar, asami or Government lessee, being a male dies, his interest in his holding shall devolve upon his heirs being the relatives specified in sub-section (2) in accordance with the following principles, namely -
(i)the heirs specified in any one clause of sub-section (2) shall take simultaneously in equal shares;
(ii)the heirs specified in any preceding clause of sub-section (2) shall take to the exclusion of all heirs specified in succeeding clauses, that is to say, those in clause (a) shall be preferred to those in clause (b), those in clause (b) shall be preferred to those in clause (c) and so on, in succession;
(iii)if there are more widows than one, of the bhumidhar, asami or government lessee, or of any predeceased male lineal descendant, who would have been an heir, if alive, all such widows together shall take one share;
(iv)the widow or widowed mother or the father's widowed mother or the widow of any predeceased male lineal descendant who would have been an heir, if alive, shall inherit only if she has not remarried.]
(2)[ The following relatives of the male bhumidhar, asami or Government lessee are heirs, subject to the provisions of sub section (1), namely-
(a)widow, unmarried daughter and the male lineal descendants in the male line of descent as per stirpes:
Provided that the widow and the son and unmarried daughter of a predeceased son how low-so-ever shall inherit per stripes the share which would have devolved upon the predeceased son had he been alive;
(b)mother and father;
(c)married daughter;
(d)brother and unmarried sister being respectively the son and the daughter of the same father as the deceased, and son and unmarried daughter of a predeceased brother, the predeceased brother having been the son of the same father as the deceased;
(e)son's daughter;
(f)father's mother and father's father;
(g)daughter's son and unmarried daughter;
(h)married sister;
(i)half sister, being the daughter of the same father as the deceased;
(j)sister's son and unmarried daughter;
(k)half sister's son, and unmarried daughter, the sister having been the daughter of the same father as the deceased;
(l)brother's son's son and unmarried daughter;
(m)father's father's son and unmarried daughter;
(n)father's father's son's son and unmarried daughter;
(o)mother's mother's son and unmarried daughter.]