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Section 59: Succession to right of occupancy.

The Punjab Tenancy Act, 1887.Central Act · Act 16 of 1887

(1) When a tenant having a right of occupancy in any land dies, the right shall devolve.—

(a) on his male lineal descendants, if any, in the male line of descent, and,

(b) failing such descendants, on his widow, if any until she dies or re-marries or abandons the land or is under the provisions of this Act ejected therefrom, and,

(c) failing such descendants and widow, or, if the deceased tenant left a widow, then when her interest terminates under clause (b) of this sub-section, on his male collateral relatives in the male line of descent from the common ancestor of the deceased tenant and those relatives : Provided, with respect to clause (c) of this sub-section, that the common ancestor occupied the land.

(2) As among descendants and collateral relatives claiming under sub-section (1), the right shall, subject to the provisions of that sub-section, devolve as if it were land left by the deceased in the village in which the land subject to the right is situate.

(3) When the widow of a deceased tenant succeeds to a right of occupancy, she shall not transfer the right by sale, gift or mortgage, or by sub-lease for a term exceeding one year.

(4) If the deceased tenant has left no such persons as are mentioned in sub-section (1) on whom his right of occupancy may devolve under that sub-section, the right shall be extinguished.

Where this provision sits

ActThe Punjab Tenancy Act, 1887.
Section59
Marginal noteSuccession to right of occupancy.
JurisdictionCentral
StatusIn force as published by the source

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