Vol. 14, Part I · pages 171–175

DR. AMBEDKAR AND THE HINDU CODE BILL 153 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 property 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. (105) Part IV, sec. 28, page 20.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES154 (106) PART VII.—SUCCESSION CHAPTER I Application 94. Certain estates excluded from operation of Part. —This Part shall not apply to * * *,— (i) any estate which descends to a single heir by a customary rule of succession or by the terms of any grant or enactment, or to any other estate specified in section 90J, or (ii) any property which devolves by survivorship on the surviving members of a co-parcenary in accordance with the provisions of Part V, or (iii) any property belonging to a tarwad, tavazhi, kutumba, kavaru or illom to which the provisions of section 901 apply. (107) 95. Application of Part. —Save as otherwise expressly provided in section 94, this Part regulates the succession to the property of a Hindu dying intestate after the commencement of this Code in the following cases, namely:— (a) where the property is movable property, unless it is proved that the intestate was not domiciled in the territories to which this Act extends at the time of his or her death ; (b) where the property is immovable property situate in the said territories, whether the intestate was domiciled in the said territories at the time of his or her death or not. Explanation—For the purposes of this Part, the domicile of a Hindu shall be determined in accordance with the provisions contained in section 6 to 18, both inclusive, of the Indian Succession Act, 1925 (XXXIX of 1925). (108) 96. No distinction between divided and undivided sons, etc., for purposes of succession. —For purposes of intestate succession, no distinction shall be made,— (1) between a son who was divided and a son who was undivided from the intestate or between a son who was divided and a son who was reunited with him; (2) between a female heir * * * who is a widow and one who is not a widow or between a female heir who is poor and one who is rich or between a female heir with issue and one without issue or possibility of issue.

DR. AMBEDKAR AND THE HINDU CODE BILL 155 PART VII.—SUCCESSION CHAPTER I General 94. Certain estates excluded from operation of Part. — This Part shall not apply to.— (i) agricultural land in Governors’ Provinces; or (ii) any estate which descends to a single heir by a customary rule of succession or by the terms of any grant or enactment. (106) 95. Application of Part. —Save as provided in section 94, this Part regulates the succession to the property of a Hindu dying intestate after the commencement of this Code in the following cases, namely :— (a) where the property is movable properly, unless it is proved that the intestate was not domiciled in any of the Provinces of India at the time of his or her death ; (b) where the property is immovable property situate in any of the Provinces of India, whether the intestate was domiciled in any of the Provinces of India at the time of his or her death or not. Explanation.—For the purposes of this Part, the domicile of a Hindu shall be determined in accordance with the provisions contained in section 6 to 18, both inclusive, of the Indian Succession Act, 1925 (XXXIX of 1925). (107) 96. No distinction between divided and undivided sons, etc., for purposes of succession. —For purposes of intestate succession, no distinction shall be made,— (1) between a son who was divided and a son who was undivided from the intestate or between a son who was divided and a son who was reunited with him; (2) between a female heir who is married and one who is unmarried or a female heir who is a widow and one who is not a widow or between a female heir who is poor and one who is rich or between a female heir with issue and one without issue or possibility of issue. (108) Part II, sec. 1, page 2. Part II, sec. 3, page 3. Part II, sec. 7, (Rules 2 and 4, page 6.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES156 (109) CHAPTER II Intestate succession to the property of males General Provisions 97. Definitions. —(1) In this Part, unless the context otherwise requires. — (a) “agnate”—a person is said to be an agnate ( gotraja) of another if the two are related by blood or adoption wholly through males; (b) “cognate”—a person is said to be a cognate (bandhu) of another in the two are related by blood or adoption wholly through males; (c) “heir” means any person, male or female, who is entitled to succeed to the property of an intestate under this Part. (d) “intestate”—a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect; (2) In this Part, unless the context otherwise requires , words importing the masculine gender shall not be taken to include females. (110) 98. General rules of succession in the case of males .—Save as otherwise expressly provided in sections 105A to 105J inclusive , the property of a male Hindu dying intestate shall devolve according to the rules set out in this Part:— (a) firstly, upon the preferential heirs, being the relatives specified in class I of the Eighth Schedule; (b) secondly, if there is no preferential heir of class I, then upon the preferential heirs being the relatives specified in class II of the Eighth Schedule; (c) thirdly, if there is no preferential heir of any of the two classes, then upon his relatives being the agnates specified in section 102 ; and (d) lastly, if there is no agnate, then upon his relatives being the cognates specified in section 103. (111) 99. Order of succession amongst preferential heirs. —As amongst the preferential heirs those in class I of the Eighth Schedule shall take together, and those standing in the first entry in class II shall be preferred to those standing in the second entry, and those in the second entry to those in the third entry and so on in succession.

DR. AMBEDKAR AND THE HINDU CODE BILL 157 CHAPTER II Intestate succession Succession to the property of a Hindu mile 97. Definitions. —(1) In this Part, unless there is anything repugnant in the subject or context,— (a) “agnate”—a person is said to be an agnate ( gotraja) of another, if the two are related by blood or adoption wholly through males; (b) “cognate”—a person is said to be a cognate ( bandhu) of another in the two are related by blood or adoption but not wholly through males; (c) “heir “ means any person, male or female, who is entitled to succeed to the property of an intestate under this Part. (d) “intestate”—a person is deemed to the intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect ; (2) In this Part, unless there is anything repugnant in the subject or context, words importing the masculine gender shall not be taken to include females. 98. Rule of succession in the case of male Hindu. — Subject to the provisions of this Part, the property of a male Hindu dying intestate shall devolve according to the rules set out in this Part:— (a) firstly, upon the preferential heirs, being the relatives specified in class I of the Schedule VII; (b) secondly, if there is no preferential heir of class I, then upon the preferential heirs being the relatives specified in class II of Schedule VII; (c) thirdly, if there is no preferential heir of any of the two classes, then upon his relatives being the agnates specified in section 102; and (d) lastly, if there is no agnate, then upon his relatives being the cognates specified in section 103. (110) 99. Order of succession amongst preferential heirs. — As amongst the preferential heirs those in class I of Schedule VII shall take together, and those standing in the first entry in class II shall be preferred to those standing in the second entry, and those in the second entry to those in the third entry and so on in succession. (111) Part II, sec. 2, page 2. Part II, sec. 5, page 2. Part II, sec. 4, page 4 Part II, sec. 6, page 6.