Vol. 14, Part I · pages 166–170

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES148 (102) CHAPTER IV Miscellaneous 90J. Savings. —Nothing contained in this Part shall apply to— (a) any estate which descends to a single heir by a customary rule of succession or by the terms of any grant or enactment; or (b) any estate attached to a sthanam (position of dignity) and enjoyed by a single person from time to time in accordance with any law, custom or usage in force in the State of Travancore-Cochin or in the districts of Malabar, South Canara and Nilgiris of the State of Madras ; or (c) the following estates situated in the State of Travancore-Cochin, namely:— Idapally, Poonjar and Kilimanoor Estates and the Valiamma Thampuran Kovilagam Estate including the Palace Fund.

DR. AMBEDKAR AND THE HINDU CODE BILL 149 90. Saving of impartible estates. —Nothing contained in this Part shall apply to any estate which descends to a single heir by a customary rule of succession or by the terms of any grant or enactment. (102)

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES150 (103) PART VI.—WOMAN’S PROPERTY 91. Nature of woman’s property. —(1) Any property acquired by a woman after the commencement of this Code shall be her absolute property. (2) Nothing in sub-section (1) shall apply to any property acquired by a woman by way of gift or under a will where the terms of the gift or the will, expressly or by necessary implication, prescribe a restricted estate in such property : Provided that no such implication shall arise by reason only of her sex. Explanation.—In this section “property” includes both movable and immovable property acquired by a woman, whether such acquisition was made before, at or after marriage or during widowhood and whether by inheritance or devise, or on partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, or by her own skill or exertion or by purchase or by prescription or in any other manner whatsoever. (104) 92. Devolution of woman’s property. —(1) Where any woman dies after the commencement of this Code any property acquired by her whether such acquisition was made before or after the commencement of this Code, shall, in so far as it consists of heritable property, devolve on her own heirs in the manner laid down in Part VII. (2) Nothing in sub-section (1) shall apply to the property of a woman in which she had, at the time of her death, only the limited estate known as the Hindu woman’s estate, and such property shall devolve as hereunder— (i) where such limited estate was obtained by inheritance it shall devolve on the persons who under Part VII would have been the heirs of the last full owner thereof if such owner had died intestate immediately after her; (ii) where such limited estate was obtained by partition or in any other manner not herein provided for it shall devolve on the persons who would have been entitled to it if this Code had not been passed.

DR. AMBEDKAR AND THE HINDU CODE BILL 151 PART VI.—WOMAN’S PROPERTY 91. Nature of woman’s property. —(1) Any property acquired by a woman after the commencement of this Code shall be her absolute property. (2) Nothing in sub-section (1) shall apply to any property acquired by a woman by way of gift or under a will where the terms of the gift or the will, expressly or by necessary implication, prescribe a restricted estate in such property: Provided that no such implication shall arise by reason only of her sex. Explanation.—In this section “property” includes both movable and immovable property acquired by a woman, whether such acquisition was made before, at or after marriage or during widowhood and whether by inheritance or devise, or on partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, or by her own skill or exertion or by purchase or by prescription or in any other manner whatsoever. (103) 92. Devolution of woman’s property. —(1) Where any woman dies after the commencement of this Code any property acquired by her whether such acquisition was made before or after the commencement of this Code, shall, in so far as it consists of heritable property, devolve on her own heirs in the manner laid down in Part VII. (2) Nothing in sub-section (1) shall apply to the property of a woman in which she had, at the time of her death, only the limited estate known as the Hindu women’s estate, and such property shall devolve as hereunder— (i) where such limited estate was obtained by inheritance it shall devolve on the persons who under Part VII would have been the heirs of the last full owner thereof if such owner had died intestate immediately after her, (ii) where such limited estate was obtained by partition or in any other manner not herein provided for it shall devolve on the persons who would have been entitled to it if this Code had not been passed. (104) Part II, Sec. 13, page 9. Part II, Sec. 3, page 3.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES152 (105) 93. Dowry to be held in trust for wife. —(1) In the case of any marriage solemnized after the commencement of this Code, any dowry given on the occasion of or as a condition of or as consideration for such marriage shall be deemed to be the properly of the woman whose marriage has been so solemnized. (2) Where any dowry is received by any person other than the woman whose marriage has been so solemnized as aforesaid such person shall hold it in trust for the benefit and separate use of the woman and shall transfer it to her on her completing the age of eighteen years or if she dies before completing that age to her heirs as specified in Part VII. Explanation.—In this section, “dowry” includes any property transferred or agreed to be transferred by or on behalf of, either party to the marriage or any of his relatives, to any relative of the other party, whether directly or indirectly on the occasion of or as a condition of or as consideration for such marriage, but does not include any small customary presents made to the bridegroom or to any relative of either party to the marriage.