Sri Lanka Consolidated Acts

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Land Development (Amendment) Act (No. 16 of 1969) - Sect 23

Insertion of new sections 48A and 48B in the principal enactment

23. The following new sections are hereby inserted immediately after section 48, and shall have effect as sections 48A and 48B , of the principal enactment: -
48A.
(1) Upon the death of a permit- holder who at the time of his or her death was paying an annual sum by virtue of the provisions of sub-section (3) of section 19A, the spouse of that permit-holder, whether he or she has or has not been nominated as successor by that permit-holder, shall be entitled to succeed to the land alienated to that permit-holder on the permit and the terms and conditions of that permit shall be applicable to such spouse:
(2) If, during the lifetime of the spouse of a deceased permit-holder who has succeeded under sub-section (1) to the land alienated on the permit, the terms and conditions of the permit are complied with by such spouse, such spouse shall be entitled to a grant of that land subject to the following conditions : -
(a) such spouse shall have no power to dispose of the land alienated by the grant;
(b) such spouse shall have no power to nominate a successor to that land;
(c) upon the death of such spouse, or upon his or her marriage, the person, who was nominated as successor by the deceased permit-holder or who would have been entitled to succeed as his successor, shall succeed to that land:
(3) Any disposition or nomination made by a spouse in contravention of the provisions of sub-section (2) shall be invalid.
48B.
(1) Upon the death of the owner of a holding, the spouse of that owner shall be entitled to succeed to that at holding subject to the following conditions: -
(a) upon the marriage of such spouse, title to the holding shall devolve on the nominated successor of the deceased owner or, if there was no such nomination, on the person who was entitled to succeed under rule 1 of the Third Schedule;
(b) such spouse shall have no power to dispose of that holding;
(c) such spouse shall have no power to nominate a successor to that holding:
(2) Any disposition or nomination made by a spouse in contravention of the provisions of sub-section (1) shall be invalid.".


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