[108. (1) Subject to the provisions of section 107, where a bhumidhar, asami or government lessee, being a male (third gender) dies, his interest in his holding shall devolve upon his heirs being the relatives specified in sub-section (2) in accordance with the following principles, namely :—
(i) the heirs specified in any one clause of sub-section (2) shall take simultaneously in equal shares ;
(ii) the heirs specified in any preceding clause of sub-section (2) shall take to the exclusion of all heirs specified in succeeding clauses, that is to say, those in clause (a) shall be preferred to those in clause (b), those in clause (b) shall be preferred to those in clause (c) and so on, in succession ;
(iii) if there are more widows than one, of the bhumidhar, asami or government lessee, or of any predeceased male lineal descendant, who would have been an heir, if alive, all such widows together shall take one share ;
(iv) the widow or widowed mother or the father’s widowed mother or the widow of any predeceased male lineal descendant who would have been an heir, if alive, shall inherit only if she has not remarried.
[ (2) The following relatives of the male third gender Bhumidhar, asami or government lessee are heirs subject to the provisions of sub section (1), namely–
(a) Widow, or third gender spouse, unmarried daughters, third gender issue and the male lineal descendants in the male line of descent per stripes : Provided that widow, unmarried daughters, third gender issue and sons howsoever low shall inherit per stripes the share which would have devalved upon the predeceased son had he been alive.
(b) Mother and father;
(c) Married daughter;
(d) Brother, unmarried sister, third gender sibling being respectively the son and daughter, third gender issue of the same father as the deceased, and son unmarried daughter, third gender issue of prececeased brother, the predeceased brother, having been the son of the same father as the deceased;
(e) Son’s daughter and third gender issue;
(f) Father’s mother and father’s father;
(g) Daughter’s son, third gender issue and unmarried daughter;
(h) Married sister;
(i) Half sister, being the daughter of the same father as the deceased;
(j) Sister’s son, third gender issue and unmarried daughter;
(k) Half sister, being the daughter of the same father as the deceased;
(l) Brother’s son’s son, third gender issue and unmarried daughter;
(m) Father’s father’s son, third gender issue and unmarried daughger;
(n) Father’s father’s son’s son, third gender issue and unmarried daughter;
(o) Mother’s mother’s son, third gender issue and unmarried daughter.]