SCHEDULES.
SCHEDULE 2
s. 27
RULES RELATING TO THE OCCUPATION
OF RESIDENTIAL HOLDINGS.
1. (1) In the case of a residential holding occupied by the intestate prior to his
death as his principal residence any wife or husband as the case may be and any
children eighteen years of age if male, or under twenty one years of age and
unmarried if female who were normally resident in such residential holding shall
be entitled to occupy the same.
(2) In the case of a residential holding owned by the intestate as a principal
residential holding but not occupied by him because he was living in premises
owned by another person, any wife or husband, as the case may be and any
children, under eighteen years of age if male, or under twenty-one years of age
and unmarried if female, who were normally resident with the intestate prior to
his death, shall be entitled to occupy the same.
(3) In the case of any other residential holding owned by the intestate any wife or
children under eighteen years of age if male, or under twenty one years of age and
unmarried if female who were normally resident in the residential holding shall be
entitled to occupy the same.
(4) Any other premises owned by the intestate and not falling under subparagraph (1), (2) or (3) of this paragraph, shall form part of the estate of the
intestate and shall be distributed in accordance with the provisions of section 28
of this Act.
2. Any wife, husband or child who normally cultivated, farmed or tilled any
land adjoining a residential holding owned by an intestate prior to his
death shall have the right to cultivate, farm and till such land as long as he
continues to be resident.
3. Where a child or children are entitled to occupation under paragraph 1
hereof and in fact occupy a residential holding the person legally entitled
to the custody of such child or of the majority of such children shall either
himself occupy or adapt some other suitable adult person or persons to
occupy the residential holding for so long as any such child or any such
children continue to do so and such person so occupying shall be subject
to the duties and liabilities of an occupier here under;
Provided that in default of occupation by such person entitled to custody
or his appointee, a magistrate may, on application of the personal
representative or any person interested or on his own motion, appoints a
person or persons to occupy as aforesaid.
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