50
Succession to right of occupancy
Act: Baluchistan Tenancy Ordinance 1978
Section Provisions
ORDINANCE XXIV OF 1978 ORDINANCE XXIV OF 1978 BALUCHISTAN TENANCY ORDINANCE, 1978 CHAPTER V‑ALIENATION AND SUCCESSION TO RIGHT OP OCCUPANCY 50. Succession to right of occupancy.‑(t) 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 death of the last full owner had the Muslim Personal Law (Shariat) been applicable at the time of such death, in the event of the death of any such persons before the termination of the limited interest mentioned above succession shall devolve on his heirs and successors existing at the time of termination of the limited interest of the female as if the aforesaid such person had died at the termination of th. limited interest of the female and had been governed by the Muslim Personal Law (Shariat) ; (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 ; (d) failing such descendants, on his widow, if any, until she dies or remarries or abandons the land or is under the provisions of this Ordinance ejected therefrom ; (c) failing such descendants and widow on his widowed mother, if any, until she dies or remarries or abandons the land or is under the provisions of this Ordinance ejected therefrom ; and (d) failing such descendant and widow, or widowed mother if the deceased tenant left a widow or widowed mother, then when her interest terminates under clause (b) or (c) of this subsection 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 (d) of this subsection, that the common ancestor occupied the land. (3) As among descendants and collateral relatives claiming under sub section (2) the right shall, subject to the provision of that subsection, devolves, 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 to occupancy under subsection (2), she shall not transfer the right by sale, gift or martgage 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 subsection (i) or subsection (2), as the cm may be, the right shall be extinguished,