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Sections 19 –A to 23 deals with the Succession

under Colonization of Government Lands (Punjab) Act, 1912

 

19-A.   Succession to the tenancy. –When after the coming into force of the Colonization of Government Lands (Punjab) (Amendment) Act, 1951, any Muslim tenant dies, succession to the tenancy shall devolve on his heirs in accordance with the Muslim Personal Law (Shariat), and nothing contained in sections 20 to 23 of this Act shall be applicable to his case :

Provided that when the tenancy rights are held by a female as a limited owner under this Act, succession shall open out on the termination of her limited interest to all person 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 heris and successors existing at the time of the termination of the limited interest of the female as if the aforesaid such person had died at the termination of the limited in 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.

 

 

20.       Succession to tenants acquiring otherwise than by succession. –Subject to the proviso to section 14, when, after the commencement of this Act, any original tenant dies the succession to the tenancy shall devolve in the following order upon-

(a)        the male lineal defendants of the tenant in the male line of descent. (The term ‘lineal descendants’ shall include an adopted son whose adoption has been ratified by a registered deed);

(b)        the widow of the tenant until she dies, or remarries or loses her rights under the provisions of this Act ;

(c)        the unmarried daughters of the tenant until they die or marry, or use their rights under the provisions of this Act;

(d)        the successor or successors nominated by the. tenant by registered deed from among the following persons, that is to say, his mother, [his pre-deceased sons’ widow, his predeceased grandsons’s widow], his married daughter, his daughter’s son, his sister, his sister’s son, and the male agnate members of his family ; and

(e)        the successor successors nominated by the Collector from among the persons enumerated in clause (d) of this section.

 

 

21.       Succession to tenants acquiring succession. –When, after the commencement of this Act any male tenant, who is not an original tenant, dies, or any female tenant dies, marries or remarries, the succession to the tenancy shall devolve-

(a)        in the case of a female, to whom the tenancy has been first allotted, on the successor nominated by the Collector from the issue of such female tenant, or from the male agnates of the person, on account of whose services the tenancy was allotted to her ;

(b)        in all other cases, on the person or persons, who would succeed if the tenancy were agricultural land acquired by the original tenant.

 

22.       Acquisition of ownership not to affect nomination of heir. –When a tenant has nominated a successor to his tenant under section 20 (D) and subsequently acquires a right of ownership in the tenancy, the right of succession of the persons so nominated shall, unless the deed of nomination expressly provides to the contrary, be unaffected by such acquisition of ownership.

 

23.       Revocation of nomination. –When a tenant has, under section 20 (d) of this Act, nominated a successor, he may at any time, whether before or after acquiring ownership, revoke such nomination, but not otherwise than by registered deed.

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