Is the Avadh State Act, of 1869 still applicable today?

Z.A.L.R. Act, 1950 ke tehat, zamindari system ko khatam kar diya gaya tha, aur Bharat mein Savidhan aane ke baad sabhi ko barabar ka adhikar diya gaya. Iske baavjood, Avadh State Act, 1869 (jo Mugal kaal ka hai) ab tak repeal nahi hua, jiske tahat pita ki property mein sabse bada ladka hi malik hota tha. Kya aaj bhi yeh kaha jaa sakta hai ki zamindari aur talukdari system ab bhi hai?

4 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 03 Dec 2024

Indian became free, it was still necessary to effect the reforms through legislative enactments towards abolition of the zamindari system by removing all intermediaries between the government and the farmer. Even though there is a law that nullifies the Zamindari system formally under the Zamindari Abolition Act, 1950, the old system of landlordism still continues to thrive around with some archaic laws, like the Avadh State Act, 1869 that gives preference in inheritance towards the eldest son, sustaining feudal-like systems. Hence, even though the zamindari and talukdari systems are legally reformed for equality, in practice, remnants of these archaic laws may still exist.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 03 Dec 2024

The Zamindari Abolition Act, 1950, abolished the Zamindari system in India; it was aimed at canceling out the intermediaries between farmers and the government, thus giving equal rights on land ownership. However, several outdated laws, such as the Avadh State Act of 1869, remain un-repealed, which had its benefits in favor of inheritance to the eldest son. Although the formal zamindari and talukdari systems have been largely abolished, these practices may still survive in parts of the country because of such laws. Thus, it can be said that some elements of the systems survive in practice, despite legal reforms aimed at bringing about equality in property rights.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 03 Dec 2024

The Zamindari Abolition Act, 1950, abolished the Zamindari system in India; it was aimed at canceling out the intermediaries between farmers and the government, thus giving equal rights on land ownership. However, several outdated laws, such as the Avadh State Act of 1869, remain un-repealed, which had its benefits in favor of inheritance to the eldest son. Although the formal zamindari and talukdari systems have been largely abolished, these practices may still survive in parts of the country because of such laws. Thus, it can be said that some elements of the systems survive in practice, despite legal reforms aimed at bringing about equality in property rights.

Admin
Advocate By LEAD INDIA Answered: 13 Nov 2024

 सर, जमिंदारी और तालुकदारी सिस्टम अब कानूनी रूप से अस्तित्व में नहीं हैं। अब संपत्ति के अधिकार भारतीय उत्तराधिकार अधिनियम (1925) और हिंदू उत्तराधिकार अधिनियम (1956) जैसे आधुनिक कानूनों द्वारा निर्धारित होते हैं, जो यह सुनिश्चित करते हैं कि उत्तराधिकारियों के बीच समानता हो, चाहे वे बड़े हों या छोटे, और चाहे वह पुरुष हो या महिला। अधिक कानूनी सहायता के लिए आप हमारे हेल्पलाइन नंबर पर संपर्क कर सकते हैं।

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