(1) When an ordinary tenant dies, his right in his holding shall
devolve as if it were land :
Provided that a collateral relative of the tenant shall not be entitled to inherit his right unless at the death of the tenant he was a co-sharer in the holding.
(2) Exemption of ordinary tenant-rights from Court sales.--Save in pursuance of a document duly registered before the commencement of this Act, no decree or order shall be passed for the sale of the right of an ordinary tenant in his holding, nor shall such right be sold in execution of any decree or order.
(3) Prohibition of transfer of ordinary tenant-rights.--No ordinary tenant shall be entitled to sell, make a gift of, mortgage, sub-let (except for a period not exceeding one year) or otherwise transfer his right or holding or any portion thereof; and every such sale, gift, mortgage, sub-lease (other than for a period not exceeding one year) or transfer shall be voidable in the manner and to the extent provided by the two next following sections :
Provided that nothing in this sub-section shall affect the right of the Government to sell the right of an ordinary tenant in his holding for the recovery of an advance made to him under the Land Improvement Loans Act, 1883, (XIX of 1883) or the Agriculturists’ Loans Act, 1884 (XII of 1884) or the right of the purchase at such sale to succeed to the holding.
(4) Prohibition of contracts for future sub-leases.--No contract for the sub-lease of a holding or any portion thereof shall be entered into or made during the currency of a sub-lease of such holding or such portion thereof ; and every such contract shall be voidable in the manner and to the extent provided by the two next following sections.
(5) Prohibition of registration of documents transferring ordinary tenantrights.--Notwithstanding anything contained in the Indian Registration Act, 1877, (III of 1877) no officer empowered to register documents under that Act shall admit to registration any document which purports to transfer the right of any ordinary tenant in his holding or in any portion thereof.
Provided that a collateral relative of the tenant shall not be entitled to inherit his right unless at the death of the tenant he was a co-sharer in the holding.
(2) Exemption of ordinary tenant-rights from Court sales.--Save in pursuance of a document duly registered before the commencement of this Act, no decree or order shall be passed for the sale of the right of an ordinary tenant in his holding, nor shall such right be sold in execution of any decree or order.
(3) Prohibition of transfer of ordinary tenant-rights.--No ordinary tenant shall be entitled to sell, make a gift of, mortgage, sub-let (except for a period not exceeding one year) or otherwise transfer his right or holding or any portion thereof; and every such sale, gift, mortgage, sub-lease (other than for a period not exceeding one year) or transfer shall be voidable in the manner and to the extent provided by the two next following sections :
Provided that nothing in this sub-section shall affect the right of the Government to sell the right of an ordinary tenant in his holding for the recovery of an advance made to him under the Land Improvement Loans Act, 1883, (XIX of 1883) or the Agriculturists’ Loans Act, 1884 (XII of 1884) or the right of the purchase at such sale to succeed to the holding.
(4) Prohibition of contracts for future sub-leases.--No contract for the sub-lease of a holding or any portion thereof shall be entered into or made during the currency of a sub-lease of such holding or such portion thereof ; and every such contract shall be voidable in the manner and to the extent provided by the two next following sections.
(5) Prohibition of registration of documents transferring ordinary tenantrights.--Notwithstanding anything contained in the Indian Registration Act, 1877, (III of 1877) no officer empowered to register documents under that Act shall admit to registration any document which purports to transfer the right of any ordinary tenant in his holding or in any portion thereof.