(1)In connection with succession proceedings of such grants in which the Muntakhabs have been issued allowing continuance of grant with such indefinite terms, as have been mentioned in the Appendix annexed hereto, from which it is not clear whether the grant shall be continued in perpetuity or for a period or for a fixed number of generations, the court shall exercise the same powers as in the case of succession of other grants.(2)In cases where the terms of Muntakhabs are definite and there is no room for any doubt and where hereditary rights have not been granted expressly, the Court shall not take into consideration any question of fact prior to the issue of Muntakhabs, but where the Muntakhabs have been issued in indefinite terms the court may enquire into the inam decision on which the Muntakhab is based in order to ascertain the period for which the grant was in fact intended to be continued by the authorities empowered to continue the grant. It is only in cases where it is impossible to find out the real intention from the inam decision that the court may take into consideration the Sanad or Sanads on which the inam decision is based.(3)If from the inam decision or the Sanad or Sanads the real intent appears to be that the grant should be continued in perpetuity, an elucidation to that effect shall be made in the succession decision and the grant shall be continued accordingly; otherwise fifteen per cent of the entire grant shall be deducted at each succession in favour of Government so that the grant may terminate in seven generations:Provided, however, that such deductions shall not be made from a grant which is conditional upon religious service.
