Section 42A in The Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954
42A. [ Inquiry into cases of succession on death of a Jagirdar. [Inserted by Notification No. 26089/F. 4(361) Revenue A/55, dated 4-2-56, published in Rajasthan Gazette Part IV-C, dated 25-2-1956.]
- When a Jagirdar dies after the resumption of his Jagir and before the full payment of compensation is made to him, an inquiry shall be held under section 38 in the following manner in order to determine which person or persons shall be regarded heir or heirs to the deceased Jagirdar for the purpose of payment of compensation:-(1)The Collector having jurisdiction over the place where the deceased Jagirdar usually resided shall issue a notice calling upon all persons claiming to be the heir or heirs of the deceased Jagirdar to appear and prove their claims before the Collector on a date and at a time and place to be specified in the notice.(2)The notice shall be served on all persons appearing to be entitled to payment of the whole of any part of the unpaid compensation that was payable to the deceased Jagirdar and shall also be published in [a local newspaper.](3)The Collector shall, after hearing such persons as may appear before him on the date and at the time fixed for the hearing or on such other dale as the hearing may be adjourned to from time to time, determine the person or persons entitled to payment of the unpaid amount of the compensation that was payable to the deceased Jagirdar:Provided in cases which the question of succession or heirship to the deceased Jagirdar according to his personal law is in dispute, the Collector shall, as required by the proviso to section 38, direct all the claimants to such succession or heirship to have their respective titles thereto adjudicated upon by a competent Civil Court, and in such case payment of the remaining compensation shall be in accordance with such adjudication.](4)[ Where the claim is of a value not exceeding Rs. 500/- the Collector, instead of following the procedure laid down in sub- rules (1), (2) and (3) of this rule, may, in his discretion determine the question of succession or heirship under section 38, in the following manner;-By obtaining-(i)An affidavit of the claimant,(ii)Certificate from Tehsildar or Sarpanch.(iii)Regarding the right of the claimant, an indemnity bond, where the value of the claim is more than Rs. 50/-.(iv)By taking any other evidence as he thinks fit.]
