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State of Uttar Pradesh - Section

Section 28 in U.P. Revenue Code Rules, 2016

28. Determination of share[Section 31 (2)].

(1)The Board shall, by general or special order direct the Collector that the share of each co-tenure holder in the Khata of the Khatauni shall be determined and revenue records shall be corrected accordingly.
(2)On the order under sub-rule (1) of this rule, the Collector shall get the share of the co-tenure holders determined in the manner detailed hereinafter in this rule.
(3)The Lekhpal shall provisionally determine the share of each co-tenure holder in consultation with the co-tenure holders concerned and the Village Revenue Committee.
(4)In the determination of share, the following principles shall be observed:-
(a)If the holding is ancestral, the share of each co-tenure holder shall be determined as per the pedigree in accordance with law of succession prescribed in the Code or on the basis of family settlement, if any;
(b)If the names of the co-tenure holders are recorded on the basis of acquisition or will, the share shall be determined as per the contents contained in the deed concerned;
(c)If the share has been decided by any competent court the same shall be recorded accordingly.
(5)After provisional determination of share, the notice in the R.C. Form-8 shall be issued to each co-tenure holder indicating the separate share of each co-tenure holder inviting the objection within a period of 15 days from the date of service of the notice.
(6)After expiry of the period of 15 days aforesaid, objections, if any, shall be decided by the Revenue Inspector on the basis of conciliation between the parties, with the help of Village Revenue Committee.
(7)All the objections which have not been decided on the basis of conciliation shall be forwarded to the Sub Divisional Officer who shall decide the same after affording opportunity of hearing to the parties concerned.
(8)The order passed by Sub-Divisional Officer or Revenue Inspector shall be implemented and the share of each co-tenure holder shall be recorded in Khatauni accordingly.
(9)Any party aggrieved by the order passed under this rule may file suit for declaration of his share in the competent court.