Succession: SECTION 108-114
Succession: SECTION 108-114
Succession: SECTION 108-114
SECTION 108-114
SECTION 108
General order of succession to male bhumidhar, asami or government lessee –
(1) Subject to the provisions of section 107, where a bhumidhar, asami or government
lessee, being a male 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 bhumidhar, asami or government lessee are heirs,
subject to the provisions of sub-section (1), namely:-
(a) widow, unmarried daughter and the male lineal descendants in the male line of descent per
stirpes.
(b) mother and father;
(c) (deleted);
(d) married daughter;
(e) brother and unmarried sister being respectively the son and the daughter of the same father
as the deceased, and son of a predeceased brother, the predeceased brother having been the son
of the same father as the deceased;
(f) son’s daughter;
(g) father’s mother and father’s father;
(h) daughter’s son;
(i) married sister;
(j) half sister, being the daughter of the same father as the deceased;
(k) sister’s son;
(l) half sister’s son, the sister having been the daughter of the same father as the deceased;
(m) brother’s son’s son;
(n) father’s father’s son;
(o) father’s father’s son’s son;
(p) mother’s mother’s son.
Section 109
The devolution of interest in any holding under this Chapter shall be subject to the following conditions –
a) (a) If a bhumidhar, asami or government lessee dies intestate, and at the time of his death, a child was in
the womb who was subsequently born alive, then such child shall have the same right to inherit as if he or
she had been born before the death of such bhumidhar, asami or government lessee and the inheritance
shall be deemed to vest in such a case with effect from the date of death of such bhumidhar, asami or
government lessee;
b) (b) Where two persons have died in circumstances rendering it uncertain whether either of them and if so
which survived the other, then for purposes of devolution of interest in any holding, it shall be presumed,
until the contrary is proved, that the younger survived the elder;
c) (c) A person who commits murder of a bhumidhar, asami or government lessee, or abets the commission
of such murder, shall be disqualified from inheriting the interest of the deceased in any holding;
d) (d) If any person is disqualified from inheriting the interest in the holding of any bhumidhar, asami or
government lessee under clause (c), such interest shall devolve as if the disqualified person had died
before the death of such bhumidhar, asami or government lessee.
Explanation.-In this section, the expression ‘murder’ means any offence punishable under section 302,
section 304, section 304-B, section 305 or section 306 of the Indian Penal Code.