4. Every person whose lands the proclamation issued in Oudh in the month of March, 1858, by order of the Governor-General of India specially exempted from confiscation, and whose names are contained in the Second Schedule hereto annexed, shall be deemed to possess, in the lands for which such person executed a kabuliyat between the 1st day of April, 1858, and the 1st day of April, 1860, the same right and title which he would have possessed thereto if he had acquired the same in the manner mentioned in section 3; and he shall be deemed to hold the same subject to all the conditions affecting taluqdars which are referred to in the said section, and to be a taluqdar for all the purposes of this Act.
7. If a taluqdar or grantee, or any heir or legatee of a taluqdar or grantee, desire that any elephants, jewels, arms or other articles of moveable property belonging to him shall devolve along with his estate, he shall take an inventory of such articles. Such inventory shall be signed by him and deposited
Nothing contained in the former part of this section shall be construed to limit the power of alienation conferred by section 11.]
Except in the cases provided for by section 22, the succession to all property left by taluqdars and grantees, and their heirs and legatees, dying intestate, shall be regulated by the ordinary law to which members of the intestate's tribe and religion are subject.
When any taluqdar or grantee, or his heir or legatee, dies leaving him surviving such relatives as are hereinafter mentioned, the person for the time being in the possession of his estate or the taluqdars rents and profits thereof shall be liable to pay to each of such relatives during his or her life, or for such other period as is hereinafter mentioned, by twelve equal monthly payments, an annuity in accordance with the custom of the country not exceeding such amount as is hereinafter mentioned: Provided that such relative was at the date of the death of the deceased living together with him: Provided also that such relative is and continues to be without any other adequate means of maintenance.
If any part of such estate shall have been transferred or bequeathed by the deceased, the person for the time being in possession of such part, or of the rents and profits thereof, shall be liable to pay proportionate parts of the said annuities during the continuance thereof respectively.
In the case of the grand-parents, parents and senior widows of the deceased, the maximum amount of the annuity shall be as follows:â
and
Nothing hereinbefore contained shall affect any right which the creditors of any person making a
Such declaration shall take effect from the date of the registration thereof.
(2) It shall be the duty of the registering officer to furnish the Collector of every district in which any portion of the property is situated with a properly authenticated copy of the declaration, and on receipt of such copy the Collector shall cause a note to be made in the record of rights relating to the immoveable property specified and shall also cause a copy of the declaration to be published in the
And whereas bodies of taluqdars have in several cases made awards respecting the provision to be made for certain relatives of taluqdars, and it is expedient to render such awards legally enforceable ; It is hereby further enacted that every such award shall, if
This being the position in which the talukdars will be placed, they cannot, with any show of reason, complain if the Government takes effectual steps to re-establish and maintain in subordination to them the former rights, as those existed in 1855, of other persons whom connexion with the soil is, in many cases, more intimate and more ancient than theirs ; and it is obvious that the only effectual protection which the Government can extend to these inferior holders is to define and record their rights and to limit the demand of the talukdars as against such persons during the currency of the settlement to the amount fixed by the Government as the basis of its own revenue-demand.
What the duration of the settlement shall be, and what proportion of the rent shall be allowed in each case to zamindars and talukdars, are questions to be determined at the time of settlement.
The Governor General agrees in your observation that it is a bad principle to create two classes of recognized proprietors in one estate, and it is likely to lead to the alienation of a larger proportion of the land-revenue than if there were only one such class. But whilst the talukdari tenure, notwithstanding this drawback, is about to be recognized and re-established, because it is consonant with the feelings and traditions of the whole people of Oudh, the zamindari tenure is intermediate between the tenures of the talukdar and the raiyat, is not a new creation, and it is a tenure which, in the opinion of the Governor General, must be protected.