Section 9 of The Indian Forest Act, 1927
Extinction of rights.
Rights in respect of which no claim has been preferred under section 6 and of the existence of which no knowledge has been acquired by inquiry under section 7, shall be extinguished, unless, before the notification under section 20 is published, the person claiming them satisfies the Forest Settlement-officer that he had sufficient cause for not preferring such claim within the period fixed under section 6.
Summary
- If a person does not make a claim within the time limit, their rights to the land are usually lost.
- This also applies to rights that the officer did not find during their own research.
- These rights are considered extinguished, meaning they no longer exist in the eyes of the law.
- There is one exception if the claimant can prove they had a very good reason for missing the deadline.
- To use this exception, the person must satisfy the officer that they had "sufficient cause" for the delay.
- This late claim must be made before the final notification that officially declares the forest as reserved is published.
Practical examples
FAQ
1. What happens if I miss the deadline for claims under Section 9 of the Indian Forest Act, 1927?
Under Section 9 of the Indian Forest Act, 1927, your rights are extinguished, which means they are cancelled, unless you can show a very good reason for the delay.
2. Can I still make a claim after the forest is officially reserved under Section 9 of the Indian Forest Act, 1927?
No, Section 9 of the Indian Forest Act, 1927 says any late claim must be made before the final notification under Section 20 is published.
3. What is "sufficient cause" according to Section 9 of the Indian Forest Act, 1927?
While Section 9 of the Indian Forest Act, 1927 doesn't list specific examples, it means a legal and valid excuse that explains why you could not file your claim on time.
4. Does Section 9 of the Indian Forest Act, 1927 apply to rights the officer found on their own?
No, Section 9 of the Indian Forest Act, 1927 only extinguishes rights that were neither claimed by you nor discovered by the officer during the inquiry.
Test yourself
1.Under Section 9 of the Indian Forest Act, 1927, what does it mean when a right is "extinguished"?
2.According to Section 9 of the Indian Forest Act, 1927, what is the final cutoff point for making a late claim?
3.To make a late claim under Section 9 of the Indian Forest Act, 1927, what must a person show?
4.If a person made a claim within the period fixed under Section 6, does Section 9 of the Indian Forest Act, 1927 apply to them?