7.
| (1) Where a tenant cultivator of any extent of paddy land, other than a tenant cultivator who cultivates such extent either jointly or in rotation with any other tenant cultivator, dies and he has not nominated a successor under section 6 or the successor nominated by him under that section is dead, his rights under this Law in respect of such extent shall, subject to the provisions of subsection (2) of this section, devolve on the surviving spouse of such tenant cultivator and. failing such spouse, on one only of the relatives of such tenant cultivator in the order in which they are mentioned in the Schedule to this Law, the oldest being preferred to the others where there are more relatives than two in any group, and the older being preferred to the other where there are only two relatives in any group. In this subsection, "relative" means a relative by blood and not by marriage. |
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| (2) Where the person on whom the rights of a deceased tenant cultivator of any extent of paddy land devolve under subsection (1) is not accustomed to cultivate paddy, the Cultivation Committee within whose local jurisdiction such extent wholly or mainly lies shall select such one of the relatives of the deceased in the order in which they are mentioned in the Schedule to this Law as is so accustomed and shall appoint the person, so selected as the successor to such rights, and thereupon such rights shall be deemed to devolve on the person so appointed and not on the first-mentioned person. |
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| (3) Where a person is appointed under subsection (2) as the successor to the rights of a deceased tenant cultivator of any extent of paddy land and consequently such rights do not devolve on the surviving spouse of the deceased, the successor 80 appointed shall pay such spouse an amount in money or kind, equivalent in value to one quarter of the gross average annual income (excluding rent) from, such extent computed for the three years immediately preceding the date of death of the deceased. Such amount and manner of its payment shall he determined by the Cultivation Committee within whose local jurisdiction such extent wholly or mainly lies. |
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| (4) Where a tenant cultivator of any extent of paddy land who cultivates such extent jointly or in rotation with any other tenant cultivator or cultivators dies, his rights in respect of such extent in his capacity as such tenant cultivator shall devolve on such other tenant cultivator or cultivators and such rights shall be exercised by such tenant cultivator or cultivators in such manner as the Cultivation Committee may direct. |
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Sri Lanka Consolidated Acts