Vol. 14, Part I · pages 151–155

DR. AMBEDKAR AND THE HINDU CODE BILL 133 person of the minor; Provided that her husband has not already by will appointed any person to be the guardian of the person of such child. (4) The right of the guardian so appointed shall, where the minor is a girl, cease on her marriage. (87) *83. Duty of guardian regarding religious upbringing of minor. — It shall be the duty of the guardian of a Hindu minor to bring up the minor in the religion of the father of the minor. (88) 84. De facto guardian not to deal with minor’s property. —After the commencement of this Code, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. 81. Revocation of authority by natural guardian.— Where the natural guardian of a Hindu minor authorises another person to take charge of the minor, the authority is revocable except— (a) where it is not in the interests of the minor to permit revocation; or (b) where the natural guardian has ceased to be a Hindu ; or (c) where for any other sufficient cause, it is not desirable to permit revocation. (85) 82. Testamentary guardian and his powers.—(1) Hindu father may, by will, appoint a guardian for any of his minor legitimate children in respect of the minor’s person, or in respect of the minor’s property, or in respect of both; Provided that nothing in this section shall be deemed to authorise any person to act as the guardian of the person of the minor if the mother is alive and is capable of acting as the natural guardian of her minor child. (2) The guardian so appointed has, after the death of the father, the right to act as the minor’s guardian, and to exercise all the rights of a natural guardian under this Part to such extent and subject to such restrictions, if any, as may be specified in the will. (3) Subject to the provisions of this Part, a Hindu widow may, by will, appoint a guardian for any of her minor children in respect of the person of the minor: Part V, sec. 7, page 23. Part V, sec. 8, page 23. Part V, sec. 9, page 23. Part V, sec. 10, page 23.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES134 Provided that her husband has not already by will appointed any person to be the guardian of the person of such child. (4) The right of the guardian so appointed shall, where the minor is a girl, cease on her marriage. (86) 83. Duty of guardian to bring up minor as a Hindu—It shall be the duty of the guardian of a Hindu minor to bring up the minor as a Hindu. (87) 84. De facto guardian not to deal with minor’s property.—Alter the commencement of this Code, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. (88) (89) 85. Welfare of minor to be paramount consideration. —In the appointment or declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration and no person shall be entitled to the guardianship by virtue of the provisions of this Part or of section 24, if the Court is of opinion that his or her guardianship will not be for the welfare of the minor.

DR. AMBEDKAR AND THE HINDU CODE BILL 135 85. Welfare of minor to be paramount consideration.— In the appointment or declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration and no person shall be entitled to the guardianship by virtue of the provisions of this Part or of section 24, if the Court is of opinion that his or her guardianship will not be for the welfare of the minor. (89) Part V, sec. 12, page 22.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES136 (90) PART V.—JOINT FAMILY AND CO-PARCENARY CHAPTER I General 86. Abrogation of right by birth and survivorship generally. — Except in the cases and to the extent expressly provided in this Part, no Hindu shall, after the commencement of this Code, acquire any right to, or interest in— (a) any property of an ancestor during his lifetime merely by reason of the fact that he is born in the family of the ancestor, or (b) any joint family property which is founded on the rule of survivorship. (91) 87. Joint tenancy to be replaced generally by tenancy-in-common.—Except in the cases and to the extent expressly provided in this Part, * * * all persons holding, on the commencement of this Code, any property jointly as members of a joint family shall be deemed to hold the property as tenants-in-common, as if a partition had taken place between them as respects such property on such commencement and as if each one of them is holding his or her own share separately as full owner thereof; Provided that nothing in this section shall affect the right to maintenance and residence, if any, of the members of the joint family other than the persons who have become entitled to hold their shares separately, and any such right can be enforced as if this Code had not been passed. * * * * *

DR. AMBEDKAR AND THE HINDU CODE BILL 137 PART V.—JOINT FAMILY PROPERTY 86. Birth in family not to give rise to rights in property.—On and after the commencement of this Code, no right to claim any interest in any property of an ancestor during his lifetime, which is founded on the mere fact that the claimant was born in the family of the ancestor shall be recognised in any Court. Explanation.—In this section, “property” includes both movable and immovable property, whether ancestral or not and whether acquired jointly with other members of the family or by way of acretion to any ancestral property or in any other manner whatsoever. (90) 87. Joint tenancy to be replaced by tenancy-incommon.—On and after the commencement of this Code, no Court shall recognise any right to or interest in any joint family property, based on the rule of survivorship ; and all persons holding any joint family property on the day this Code comes into force shall be deemed to hold it as tenantsin-common as if a partition had taken place between all the members of the joint family as respects such property on the date of the commencement of this Code and as if each one of them is holding his or her own share separately as full owner thereof: Provided that nothing in this section shall affect the right to maintenance and residence, if any, of the members of the joint family other than the persons who have become entitled to hold their shares separately, and any such right can be enforced as if this Code had not been passed : Provided further that in the case of any female who becomes entitled to hold any share separately under the provisions of this section, she shall only take the limited estate known as the Hindu woman’s estate under the law in force before the commencement of this Code and on her death such estate shall revert to the persons entitled thereto under the law in force prior to the commencement of this Code. (91) Part IIIA, sec. 2, page 12. Part IIIA, sec. 2, page 11. Part II, sec. 3, proviso p. 3.