- No mortgage of any land by a Bhumiswami shall be valid unless the following land is left with him free from charge-
Core Legal Answer & Context: To protect Bhumiswamis (landowners) from becoming landless or excessively indebted, the M.P. Land Revenue Code, 1959, imposes restrictions on the transfer of their land, including mortgages. Section 165(7) specifies a minimum area of land that must remain with the Bhumiswami, free from any charge, after a mortgage transaction. This ensures their continued economic viability. The prescribed minimum is 2 hectares of irrigated land or 4 hectares of unirrigated land, which approximately translates to 5 acres of irrigated land or 10 acres of unirrigated land.
Relevant Statutes and Sections: M.P. Land Revenue Code, 1959, Section 165(7) (Restrictions on transfer of Bhumiswami rights).
Important Landmark Cases: Not applicable for a direct statutory provision.
Clear Conclusion: No mortgage of any land by a Bhumiswami shall be valid unless 5 acres irrigated or 10 acres unirrigated land is left with him free from charge.