Section 22 – Special Rules Of Succession To Intestate Taluqdars And Grantees

If any Taluqdar or Grantee whose name shall be inserted in the second, third, or fifth of the lists mentioned in section eight, or his heir or legatee, shall die intestate as to his estate, such estate shall descend as follows:

1. To the eldest son of such Taluqdar or Grantee, heir or legatee, and his male lineal descendants, subject to the same conditions and in the same manner as the estate was held by the deceased;
2. Or if such eldest son of such Taluqdar or Grantee, heir or legatee, shall have died in his lifetime, leaving male lineal descendants, then to the eldest and every other son of such eldest son successively, according to their respective seniorities, and their respective male lineal descendants, subject as aforesaid;
3. Or if such eldest son of such Taluqdar or Grantee, heir or legatee, shall have died in his lifetime without leaving male lineal descendants, then to the second and every other son of the said Taluqdar or Grantee, heir or legatee, successively, according to their respective seniorities, and their respective male lineal descendants, subject as aforesaid;
4. Or in default of such son or descendants, then to such son (if any) of a daughter of such Taluqdar or Grantee, heir or legatee, as has been treated by him in all respects as his own son, and to the male lineal descendants of such son, subject as aforesaid;
5. Or in default of such son or descendants, then to such person as the said Taluqdar or Grantee, heir or legatee, shall have adopted by a writing executed and attested in manner required in case of a will and registered, subject as aforesaid;
6. Or in default of such adopted son, then to the eldest and every other brother of such Taluqdar or Grantee, heir or legatee, successively, according to their respective seniorities, and their respective male lineal descendants, subject as aforesaid;
7. Or in default of any such brother, then to the widow of the deceased Taluqdar or Grantee, heir or legatee; or, if there be more widows than one, to the widow first married to such Taluqdar or Grantee, heir or legatee, for her lifetime only;
8. And upon the death of such widow, then to such son as the said widow shall, with the consent in writing of her deceased husband, have adopted by a writing executed and attested in manner required in case of a will and registered, subject as aforesaid;
9. Or on the death of such first married widow and in default of a son adopted by her with such consent and in such manner as aforesaid, then to the other widow, if any, of such Taluqdar or Grantee, heir or legatee, next in order of marriage, for her life, and on the death of such other widow, to a son adopted by her with such consent and in such manner as aforesaid; or in default of such adopted son, then to the other surviving widows according to their respective seniorities as widows, for their respective lives, and on their respective deaths, to the sons so adopted by them respectively, and to the male lineal descendants of such sons respectively, subject as aforesaid;
10. Or in default of any such widow or of any son so adopted by her; or of any such descendant, then to the male lineal descendants, not being najib-ul-tarfain, of such Taluqdar or Grantee, heir or legatee, successively, according to their respective seniorities and their respective male lineal descendant, whether najib-ul-tarfain or not;
11. Or in default of any such descendant, then to such persons as would have been entitled to succeed to the estate under the ordinary law to which persons of the religion and tribe of such Taluqdar or Grantee, heir or legatee, are subject.

Nothing contained in the former part of this section shall be construed to limit the power of alienation conferred by section eleven.