The Oudh Law Act, 1876

The Oudh Law Act, 1876 was enacted on 10th October, 1876. It extends to all territories that are under control of Chief Commissioner who is for time being in control of Oudh”. All laws made are regulative in Oudh. Oudh Courts will manage Laws like succession issue, lending special property to female, engagement, marriage, divorce, dower, gifts, partitions, adoption, wills, guardianship, legacies, minority etc., where personal laws or custom made law are applicable in Oudh only if such law is in justice, equity and good conscience and should not been declared abolished by any competent authority for eg: “Hindus” are governed by there personal ‘Hindu Law’ and in case of “Muhammadan” are governed by ‘Muhammadan Law.

All Financial or customs practice are treated as valid and if they oppose to justice, equity and good conscience they will be regarded as invalid. The sum that is entered in dower contract by Muhammadan is particularly referred to means of husband and such amount shall not be considered in any suit or set-off and that amount is fixed by the court after taking into consideration the status of wife and means of husband. Herein, persons are conferred with right of pre-emption to acquire specified property or immovable property. Such presumption shall exist in all village site communities as per Oudh Land Revenue Act and it will extend to house that are built on such land and village boundary, thus this pre-emption is not presumed to exist in town or city or any of its sub-division but if it is shown to exists then it will be applicable to local boundaries as prescribed.

If any person thinks of selling any property or mortgage any property which is in possession of person with right of pre-emption then he shall give notice to such person and price to which he think of selling. Thus, persons whose property is sold loose his right to pre-emption but if such person or agent of person pay the sum of that property within three months to date mentioned in notice to person selling the property then he can resume his right to pre-emption.

Person who possess the right can file suit for enforcement of that right if notice of selling property was not provided to him, if the sum mentioned in notice was refused, if  the sum fixed in notice is not in good faith, if sum claimed by mortgage the property not in good faith and is more then market-value. Then in such case court will decide the day for fixing the amount of mortgage.

Land which is Mahal or part of Mahal, estate or part of estate as per Oudh estate act, or land which is conferred by British Council as reward for the services is termed as “Ancestral Property” and thus as per section 60 of civil procedure code, “such property cannot be sold without decree or any order”, so before selling such property person has to take permission of State Government to conclude the selling of property.

To give the nomination to appoint the policemen for the village such responsibility is given to Zamindar of the village and if there are more then one zamindar then Lambardar will appoint and more lambardar then majority opinion will survive. State Government will enquiry about the person nominated for village policemen relating to his character, age, and his ability then only it can be decided whether to reject or appoint such person. In such way there is appointment of road-police which is appointed by the State Government as and then required from time to time with rules and regulation that are framed by act for time being in force. The basic duty of village and road policemen is he has report to police station of said village, and has to give all basic information of every unusual, doubtful, or sudden death, theft robbery, house-breaking, kidnapping, riot, trespassing etc within his given jurisdiction. Magistrate of the district will dismiss the village or road policemen if there is any misconduct or any neglect towards his duty by the village or road policemen then he can be dismissed from service rendered to him and shall be punishable within the provision of Indian Penal Code.

by Samata. H. Joshi