APTAL Act 40अध्याय IV · Protected Tenants

धारा 40 · Rights of protected tenant heritable:

(1)

All rights of a protected tenant shall be heritable.

(2)

If a protected tenant dies, his heir or heirs shall be entitled to hold the tenancy on the same terms and conditions on which such protected tenant was holding the land at the time of his death and such heirs may, notwithstanding anything contained in this Act, sub-divide inter se according to their shares the land comprised in the tenancy to which they have succeeded.

(3)

If a protected tenant dies without leaving any heirs, all his rights shall be extinguished.Explanation: The following persons only shall be deemed to be the heirs of a protected tenant for the purposes of this section:

(a)

his legitimate lineal descendants by blood or adoption;

(b)

in the absence of any such descendants, his widow for so long as she does not remarry.

(4)

The interest of a protected tenant in the land held by him as a protected tenant shall form sixty per cent of the market value of all the interests in the land and that of the landholder and of persons claiming under him shall be limited to the remaining forty per cent.

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