(1)If a bhumiswami whose land has been assessed for the purpose of agriculture under Section 59, or who holds land for dwelling purposes, dies, without known heirs, the [Tahsildar] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] shall take possession of his land and may lease it for a period of one year at a time.(2)If within three years of the date on which the [Tahsildar] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] takes possession of the land any claimant applies for the holding being restored to him, the [Tahsildar] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] may, after such enquiry as he thinks fit, place such claimant in possession of the land or reject his claim.(3)The order of the [Tahsildar] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] passed under sub-section (2) shall not be subject to appeal or revision but any person whose claim is rejected under sub-section (2) may, within one year from the date of the communication of the order of the [Tahsildar] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] file a civil suit to establish his title, and if such suit is filed, the [Tahsildar] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] shall continue to lease out the land as provided in sub-section (1) till the decision of the suit.(4)If no claimant appears within three years from the date on which the [Tahsildar] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] took possession of the land or if a claimant whose claim have been rejected under sub-section (2) does not file a suit within one year as provided in sub-section (3), the [Tahsildar] [Substituted by M.P. Act No. 24 of 1961 (w.e.f. 23-6-1961).] may sell the deceased bhumiswami's right in the holding by auction.(5)Notwithstanding anything contained in any law for the time being in force a claimant who establishes his title in land which has been dealt with in accordance with the provisions of this section, shall be entitled only to the rents payable under sub-section (1) and the sale proceeds realized under sub-section (4) less all sums due on the holding on account of land revenue and the expenses of management and sale.
