(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 remarries or abandons the land or is under the provisions of this Act ejected therefrom, and(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 Act ejected therefrom.] [Substituted for the old clause by Punjab Act IX of 1959, Section 2(i).](d)[ failing sudh descendants and widow, or widowed mother or if the deceased tenant left a widow or widowed mother, then when her interest terminates under clause (b) or (c) of this sub-section, on his male collateral relatives in the male line on descent from the common ancestor of the deceased tenant and those relatives.] [Inserted by Punjab Act XI of 1939, Section 2(ii).]Provided, with respect to clause [(d) of this sub-section, that the common ancestor occupied the land.] [Substituted for the letter 'c' in brackets by Punjab Act IX of 1939, Section 2(iii).][Explanation - For the purpose of clause [(d),] [Added by Punjab Act II of 1927, Section 3. (This amendment was made effective from the 1st day of April, 1920).] land obtained in exchange by the deceased tenant or any of his predecessors-in-interest in pursuance of the provisions of sub-section (1) of section 58-A shall be deemed to have been occupied by the common ancessor if the land given for it in exchange was occupied by him.](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 sublease 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.Irregular Transfers
