63. Payment of purchase price, amount of encumbrance, maintenance or alimony.
(1)The purchase price payable to the landowner. arid the intermediaries shall be distributed by the Land Board according to the provisions of Sub-sections (2) to (9).(2)Where the right, title and interest of the landowner or the intermediaries are not subject to any encumbrance or charge for maintenance or alimony, the purchase price paid by the cultivating tenant shall be paid to the landowner or apportioned among the landowner and the intermediaries in the manner specified in Sub-section (2) or Sub-section (3), as the case may be, of Section 56.(3)[ Where the right, title and interest of the landowner or any intermediary in respect of a holding are subject to any encumbrance or charge for maintenance or alimony, the purchase price paid by the cultivating tenant shall: -(i)if there is no intermediary, be paid to the landowner after deducting the value of encumbrance or charge for maintenance or alimony;(ii)if there is an intermediary, or there are intermediaries, be apportioned among the landowner and the intermediary or intermediaries in the manner specified in Subsection (2) or Sub-section (3), as the case may be, of Section 56, and the value of the encumbrance, maintenance or alimony shall be deducted from the purchase price payable to the landowner or the intermediary or intermediaries, as the case may be and the balance amount shall be paid to the landowner or intermediary or intermediaries. If the total amount of such encumbrance, maintenance or alimony is equal to or more than the amount of the purchase price payable to the landowner or the intermediary, the whole amount shall be reserved for payment to the holder of the encumbrance, Or the person entitled to the maintenance or alimony and no amount shall be paid to the landowner or the intermediary, as the case may be.](3)[ and (4) ***] [Omitted '(3) and (4) by Act No. 35 of 1969.](5)Where any amount has been deducted or reserved for payment to the holders of the encumbrances or the persons entitled to the maintenance or alimony, the same shall be paid in their order of priority to the persons entitled thereto.(6)Where the cultivating tenant pays the purchase price in instalments, the amount of each instalment shall be distributed in the manner specified above. The interest on the purchase price paid by the cultivating tenant shall also be paid to the landowner, intermediary, holder of the encumbrance or the person entitled to the maintenance or alimony, as the case may be.(7)Where a person entitled to the purchase price or the value of the encumbrance maintenance or alimony dies before it is paid to him, it shall be paid to his legal representatives:[Provided that if such person has, in accordance with the rules made in this behalf, nominated any member of his family to receive the amount, the same shall be paid to such nominee.Explanation. - For the purposes of the preceding proviso, "member of family" means wife or husband, son or daughter.] [Added by Act No. 27 of 1979.](8)Where the person entitled to receive the purchase price or the value of encumbrance is a private trust or endowment or a minor or a person suffering from some legal disability or a limited owner, the purchase price or the value of encumbrance may, notwithstanding anything contained in any law, but subject to any general directions that the Government may give be deposited for and on behalf of the person with such authority or bank as may be prescribed.(9)Where before any court or authority any suit or proceed in( is pending which directly or indirectly affects or is likely to affect the right of any person to receive the whole or part of the purchase price on the amount of encumbrances or maintenance or alimony payable authority. under this Act, the court or authority may require the land Board to place at its disposal the amount so payable and thereupon the same shall be disposed of in accordance with the orders of the court or the landowner or authority.
