59: Succession to right of occupancy Irregular transfers

Succession to right of occupancy.– (1) When a Muslim tenant having a right of occupancy in any land dies, the right shall devolve on his heirs in accordance with the provisions of the Muslim Personal Law (Shariat): Provided that when the occupancy rights are held by a female as a limited owner under Customary Law, succession shall open out on the termination of her limited interest to all persons who would have been entitled to inherit the property at the time of the death of the last full owner had the Muslim Personal Law (Shariat) been applicable at the time of such death, and in the event of the death of any of such persons before the termination of the limited interest mentioned above, succession shall devolve on his heirs and successors existing at the time of the termination of the limited interest of the female as if the aforesaid The Punjab Tenancy Act 1887 (XVI of 1887) 25 such person had died at the termination of the limited interest of the female and had been governed by the Muslim Personal Law (Shariat): Provided further that the share which the female limited owner would have inherited had the Muslim Personal Law (Shariat) been applicable at the time of the death of the last full owner shall devolve on her if she loses her limited interest in the property on account of her marriage or remarriage and on her heirs under the Muslim Personal Law (Shariat) if her limited interest terminates because of her death. (2) When a non-Muslim tenant having a right of occupancy 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 remarries or abandons the land or is under the provisions of this Act ejected therefrom; and (c) failing such descendants and widow or his widowed mother, if any, until she dies or remarries or abandons the land or is under the provisions of this Act ejected therefrom; and (d) failing such descendants and widow, or widowed mother or if the deceased tenant left a widow or widowed mother, then when her interest terminates under clause (b) or (c) 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 (b) of this sub-section, that the common ancestor occupied the land. Explanation– For the purpose of clause (d), land obtained in exchange by the deceased tenant or any of his predecessors-in-interest in pursuance of the provisions of sub-section (1) of section 58-A shall be deemed to have been occupied by the common ancestor if the land given for it in exchange was occupied by him. (3) As among descendants and collateral relatives claiming under sub-section (2) 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. (4) When the widow of a deceased tenant succeeds to a right of occupancy under sub- section (2), she shall not transfer the right by sale, gift or mortgage or by sub-lease for a term exceeding one year. (5) If a deceased tenant has left no person on whom his right of occupancy may devolve under sub-section (1) or sub-section (2), as the case may be, the right shall be extinguished]. Irregular transfers

Effective date: 1887-11-01

Related sections