(a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in the womb on the notified date, including sons, grandson and great-grandsons adopted before such date (who are herein after called sharers'); and
(b) other persons who immediately before the notified date, were entitled to maintenance out of the estate and its income either under Section 9 or 12 of the A.P. (Andhra Area) Impartible Estates Act, 1904, or under any decree or order of a Court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder (who are hereinafter called maintenance-holders'):
(i) the compensation payable in respect of the estate;
(ii) the number of persons to be maintained out of the estate;
(iii) the nearness of relationship of the person claiming to be maintained;
(iv) the other sources of income of the claimant; and
(v) the circumstances of the family of the claimant;
(b) For the purpose of securing (i) that the amount of compensation payable to the maintenance-holders does not exceed the limit specified in sub-section (4) and (ii) that the same is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary, to re-open any arrangement already made in respect of maintenance, whether by a decree or order of a Court, award, or other instrument in writing, or contract or family arrangement.
(a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in the womb on the notified date, including sons, grandson and great-grandsons adopted before such date (who are herein after called sharers'); and
(b) other persons who immediately before the notified date, were entitled to maintenance out of the estate and its income either under Section 9 or 12 of the A.P. (Andhra Area) Impartible Estates Act, 1904, or under any decree or order of a Court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder (who are hereinafter called maintenance-holders'):
(i) the compensation payable in respect of the estate;
(ii) the number of persons to be maintained out of the estate;
(iii) the nearness of relationship of the person claiming to be maintained;
(iv) the other sources of income of the claimant; and
(v) the circumstances of the family of the claimant;
(b) For the purpose of securing (i) that the amount of compensation payable to the maintenance-holders does not exceed the limit specified in sub-section (4) and (ii) that the same is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary, to re-open any arrangement already made in respect of maintenance, whether by a decree or order of a Court, award, or other instrument in writing, or contract or family arrangement.
Section 45 • Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948
45. Apportionment in the case of certain impartible estates.
andhra-pradesh-andhra-area-estates-abolition-and-conversion-into-ryotwari-act-1948-sec-45.json
•
Section 45
{
"act_title": "Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948",
"act_slug": "andhra-pradesh-andhra-area-estates-abolition-and-conversion-into-ryotwari-act-1948",
"section_label": "Section",
"section": {
"number": "45",
"title": "45. Apportionment in the case of certain impartible estates.",
"chapter": null,
"content": "(a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in the womb on the notified date, including sons, grandson and great-grandsons adopted before such date (who are herein after called sharers'); and\n(b) other persons who immediately before the notified date, were entitled to maintenance out of the estate and its income either under Section 9 or 12 of the A.P. (Andhra Area) Impartible Estates Act, 1904, or under any decree or order of a Court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder (who are hereinafter called maintenance-holders'):\n(i) the compensation payable in respect of the estate;\n(ii) the number of persons to be maintained out of the estate;\n(iii) the nearness of relationship of the person claiming to be maintained;\n(iv) the other sources of income of the claimant; and\n(v) the circumstances of the family of the claimant;\n(b) For the purpose of securing (i) that the amount of compensation payable to the maintenance-holders does not exceed the limit specified in sub-section (4) and (ii) that the same is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary, to re-open any arrangement already made in respect of maintenance, whether by a decree or order of a Court, award, or other instrument in writing, or contract or family arrangement.\n(a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in the womb on the notified date, including sons, grandson and great-grandsons adopted before such date (who are herein after called sharers'); and\n(b) other persons who immediately before the notified date, were entitled to maintenance out of the estate and its income either under Section 9 or 12 of the A.P. (Andhra Area) Impartible Estates Act, 1904, or under any decree or order of a Court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder (who are hereinafter called maintenance-holders'):\n(i) the compensation payable in respect of the estate;\n(ii) the number of persons to be maintained out of the estate;\n(iii) the nearness of relationship of the person claiming to be maintained;\n(iv) the other sources of income of the claimant; and\n(v) the circumstances of the family of the claimant;\n(b) For the purpose of securing (i) that the amount of compensation payable to the maintenance-holders does not exceed the limit specified in sub-section (4) and (ii) that the same is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary, to re-open any arrangement already made in respect of maintenance, whether by a decree or order of a Court, award, or other instrument in writing, or contract or family arrangement.",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
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"next_section": "46"
}