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Bhupendra Singh (Professional )     15 December 2019

Mplrc 1959

Dear Experts, I request your inputs and opinion on SubSection 1 and 2 of Section 165 of Madhya Pradesh Land Reforms Code 1959.which reads as below 1) Subject to other provision of this section and the provision of section 168 a bhumiswami may transfer any interest on his land. 2) Notwithstanding anything contained in the subsection (1)- A) No mortgage of any land by a bhumiswami shall hereafter be valid unless atleast five acre of irrigated or ten acre of unirrigated land is left with him free from encumbrance or charge. My Query is 1) Can a bhumiswami sale any interest in his land? 2) Does the term " mortgage" here means transfer or sale of land? 3) Does it mean that land can be transferred or sold only if bhumiswami is left with five acre of irrigated land or 10 acre of unirrigated land. If not left with these much land , a bhumiswami can't transfer any interest on his land? Please Clarify.


Learning

 1 Replies

Dr J C Vashista (Advocate)     28 December 2019

Local laws apply. 

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ docuements and professional guidance/ proceeding.


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