Section 5 in The Rajasthan Colonisation (Model Villager And Farms By Literates) Conditions, 1955
5. Effect of death of grantee during Khatedari tenure.
- If and when the grantee dies, during the continuance of his Ghair Khatedari tenancy and without having acquired Khatedari rights in the lands, the grant shall lapse to Government and all rights conferred on the tenants by these conditions shall be extinguished:Provided that -(1)Permissible succession-(a) by literate successor. - If his successor is also a literate and undertakes in writing to run the farm on the conditions of this statement, and for the due observation thereof, the Collector may allow the grant to be continued in his favour;(2)By minor successor - if the tenant leaves only a minor son or sons son only the grant may be allowed by the Collector to continue in his favour till such son or sons son has attained an age of 21 years or has attained such academic qualifications as would qualify him as a literate for the purposes of this statement whichever is earlier, but during the period of his minority the Collector shall appoint a literate guardian for the purposes of these conditions on such remuneration as he may deem proper, to manage the grant during the minority;(3)By Widows. - If the tenant has died without leaving a male lineal descendant but has left a widow or widows, the Collector may, in his discretion -(i)permit the senior, or any other widow if the senior widow is unfit to succeed, to retain a life-time interest in the tenancy subject to due observance of all stipulations of this statement, or(ii)re-allot the lands -(a)to another literate on payment of such compensation for improvements made, buildings constructed and trees grown by the deceased grantee to the widow or widows of the deceased grantee as the Collector may determine, the decision of the Collector with regard to the Compensation to be paid being final and the new grantee being required to deposit the compensation with the Collector before he is allowed to take possession of the lands, or(b)on his giving a written undertaking, to the satisfaction of the Collector, to make a suitable provision for the proper maintenance, out of the tenancy, of the widow or widows of the grantee and in such case the Collector may do all acts and things which may, from time to time, be necessary to enforce any undertaking given under this condition.
