Vol. 14, Part I · pages 161–165

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES144 (97) 90E. Right to claim partition of to-parcenary property. —(1) Any co-parcener and any female who has acquired an interest in ancestral property by reason of the provisions contained in clause (d) of section 90C may, at any time, claim partition and separate enjoyment of his or her share in the property whether or not the other parties concerned are agreeable thereto. (2) Where any female who has acquired any such interest as is referred to in sub-section (1) dies without claiming partition and obtaining separate enjoyment of her share in the property, her interest in the property shall, on her death, revert to the members of the co-parcenary. (98) 90F. Right of co-parcener to buy off the share of another coparcener, etc., in certain cases. —Notwithstanding anything contained in section 90D a co-parcener may require any other co-parcener who has ceased to be a Hindu by conversion to another religion or a female who has acquired an interest in ancestral property by reason of the provisions contained in clause (d) of section 90C to take his or her share in the ancestral property for separate enjoyment and thereupon the provisions of the Partition Act, 1893 (IV of 1893), shall apply as if there was a partition and as if the coparcener who has ceased to be a Hindu or the female, as the case may be, were the transferee of a share of a dwelling house belonging to the coparcenary. (99) 90G. Allotment of shares on partition. —The following rules shall apply to regulate the allotment of shares to the members of a co-parcenary on a partition being made amongst them, namely:— (a) where the partition is between a father and his sons, each son shall take a share equal to that of his father; (b) where the partition is between brothers, they, shall take equal shares; (c) where the partition is between co-parceners belonging to different branches of the family, the property shall be divided amongst the branches equally per stirpes ; (d) where the partition is between co-parceneras belonging to the same branch, the property shall be divided equally amongst them per capita. (100) 90H. Termination of coparcenary. —So long as there is no other coparcener in the family, every person who acquires any ancestral property shall be entitled to hold the property as an absolute owner, and on his death, the property shall devolve on his heirs by succession and not by survivorship.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES146 (101) CHAPTER III Marumakkattayam, Aliyasantana and Nambudri joint families 90I. Special provisions repecting Marumakkattayam, Aliyasantana and Nambudri joint families. —Nothing contained in this Part shall apply to any tarwad, tavazhi, kutumba, kavaru or illom to which the Marumakkattayam, Aliyasantana or Nambudri law would have applied if this Code had not been passed, and, notwithstanding anything contained in this Code, all matters relating to the rights (whether by way of succession or otherwise) of any person in, or the management or partition of, any such tarwad, tavashi, kutumba, kavaru or illom and of its properties shall continue to be regulated by the law which was applicable thereto immediately before the commencement of this Code, as if that law had not been repealed by this Code.