(1) Where a tenant dies the landlord shall be deemed to have continued the tenancy —
(a) if such tenant was a member of a joint family, to the surviving member or members of the said family, and
(b) if such tenant was not a member of a joint family, to his, heir or heirs on the same terms and conditions on which such tenant was holding it at the time of his death.
(2) The surviving members, or as the case may be, the heirs to whom the tenancy is continued under sub-section (1) shall be entitled to partition and sub-division of the land leased subject to the following conditions:
(a) each sharer shall hold his share as a separate tenant;
(b) the rent payable in respect of the land leased shall be apportioned among the shares according to share allotted to them; and if any question arises regarding the shares or the apportionment of the rent payable by the sharers, it shall be decided by the 54[Mamlatdar] whose decision shall be final.
55[“Provided, however, that no partition or sub-division shall be permissible if the share allotted to any heir or any co-partner together with any other land already held by him is less than 1/3 hectare of morod land and 1/4 hectares of Khajan or Kher land.
Explanation.— The allotment of a separate number to any portion of the land for the purposes of land records or land survey under any law for the time being in force shall not, by itself amount to a sub-division or partition for the purpose of this sub-section”.]
(3) Where any question arises as to the person or persons in whose favour tenancy is deemed to have been continued under the foregoing provisions, such question shall be determined by the 56 [Mamlatdar] after hearing the landlord and other persons interested in the matter:
Provided that nothing in this sub-section shall preclude the rights of parties being determined by a court of law.