Section 59:
Succession to right of occupancy.
(1) When a tenant having a right of occupancy in any land
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 re-marries or abandons the land
or is under the provisions of this Act ejected therefrom, and,
(c) failing such descendants and widow, or, if the deceased tenant left a widow, then when her
interest terminates under clause (b) 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 (c) of this sub-section, that the common ancestor occupied the
land.
(2) As among descendants and collateral relatives claiming under sub-section (1), 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.
(3) When the widow of a deceased tenant succeeds to a right of occupancy, she shall not transfer the
right by sale, gift or mortgage, or by sub-lease for a term exceeding one year.
(4) If the deceased tenant has left no such persons as are mentioned in sub-section (1) on whom his
right of occupancy may devolve under that sub-section, the right shall be extinguished.