Vol. 14, Part I · pages 176–180

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES158 (112) 100. Distribution of property amongst preferential heirs in class I.—(1) The property of an intestate shall be divided among the preferential heirs in class I of the Eighth schedule so that the share of the widow shall be equal to that of each son, including a predeceased son leaving a son or a son’s son living at the intestate’s death, and the share of each unmarried daughter shall be half that of each son and the share of each married daughter shall be one-quarter of that of each son : Provided that where a predeceased son leaves no son or son’s son but leaves his widow or his son’s widow living at the intestate’s death, then the share of such predeceased son shall be half that of a son of the intestate. (2) The share given to a predeceased son of the intestate under sub-section (1) shall be divided as follows:— (a) If such predeceased son has left a son or a son’s son living at the intestate’s death then his share shall be divided so that the share of the widow of such predeceased son shall be equal to that of a son of such predeceased son including any son who may have died before the intestate leaving a son living at the intestate’s death : Provided that if any son of such predeceased son dies before the intestate leaving a widow but no son living at the intestate’s death then the share of such son of the predeceased son shall be half that of any other son of such predeceased son. (b) The share of any son of the predeceased son who may have died before the intestate shall be divided between his widow and his sons in equal shares. (c) If such predeceased son has left a widow or a son’s widow or widows of two or more sons but has not left a son or a son’s son living at the intestate’s death then the share of such predeceased son shall be divided between his widow and his son’s widows so that the share of the predeceased son’s widow shall be double the share of the widow of each son of such predeceased son. (3) For the purposes of this section where a person has left more than one widow all the widows shall take between them equally the share which a single widow would have taken. * * * * * * * * * *

DR. AMBEDKAR AND THE HINDU CODE BILL 159 100. Distribution of property amongst preferential heirs in class I. —(1) The property of an intestate shall be divided among the preferential heirs in class I so that the share of the widow shall be equal to that of eaeh son, including a predeceased son leaving a son or a son’s son living at the intestate’s death and the share of each daughter shall be equal to that of each son : Provided that where a predeceased son leaves no son or son’s son but leaves his widow or his son’s widow living at the intestate’s death, then the share of such predeceased son shall be half that of a son of the intestate. (2) The share given to a predeceased son of the intestate under sub-section (1) shall be divided as follows:— (a) If such predeceased son has left a son or a son’s son living at the intestate’s death then his share shall be divided so that the share of the widow of such predeceased son shall be equal to that of a son of such predeceased son including any son who may have died before the intestate leaving a son living at the intestine’s death : Provided that if any son of such predeceased son dies before the intestate leaving a widow but no son living at the intestate’s death then the share of such son of the predeceased son shall be half that of any other son of such predeceased son. (b) The share of any son of the predeceased son who may have died before the intestate shall be divided between his widow and his sons in equal shares. (c) If such predeceased son has left a widow or a son’s widow or widows of two or more sons but has not left a son or a son’s son living at the intestate’s death then the share of such predeceased son shall be divided between his widow and his son’s widows so that the share of the predeceased son’s widow shall be double the share of the widow of each son of such predeceased son. (3) For the purposes of this section where a person has left more than one widow all the widows shall take between them equally the share which a single widow would have taken. Illustrations (i) The surviving heirs of an intestate are three sons, A, B and C, five grandsons by a predeceased son D, and two great grandsons by a predeceased son of another predeceased son E, A, B and C take one share each, and the branches of D and E get one share each. The grandson in D’s branch and the great grandson in E’s branch divide the stare allotted to their respective branches equally. Each son of the intestate, therefore, takes one fifth of the heritable property, each grandson onetwenty-fifth, and each great-grandson one-tenth. (ii) Only a widow or daughter survives an intestate. She takes the whole of the heritable property. Part IV, sec. 7, page 6.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES160 (114) 101. Mode of distribution amongst preferential heirs in class II. — The property of an intestate shall be divided between the preferential heirs in any one entry in class II of the Eighth Schedule so that they share equally. (115) 102. Agnates who are heirs. —In the absence of any preferential heirs specified in class I or classs II of the Eighth Schedule, agnates of the deceased, related to the intestate within five degrees, shall be entitled to succeed in accordance with the rules set out in this Part.

DR. AMBEDKAR AND THE HINDU CODE BILL 161 (iii) The surviving heirs are a widow and two grandsons by a predeceased son. The widow takes one share and the grandsons together take one share. The widow therefore, takes one half of the heritable property and each grandson one fourth. (iv) The surviving heirs are a daughter and the widow of a predeceased son. The daughter takes one share, and the widow gets half a share. (v) The surviving heirs are a son, a daughter, and the widow of a predeceased son. The son gets one share, the daughter gets one share, and the widow of the predeceased son gets half a share. (vi) The surviving heirs are a son, a daughter, and the widow and the son of a predeceased son. The son gets one share, the daughter gets one share and the widow and the son of the predeceased son get between them one share, which has then to the distributed equally between them. (vii) The surviving heirs are— (a) a widow, (b) a son. (c) a daughter, (d) the widow of a predeceased son, (e) the widow and two sons of another predeceased son. The widow gets one share; the son gets one share; the daughter gets one share; the widow of the first mentioned predeceased son—(d) above—gets half a share; and the heirs mentioned in (a) above between them get one share, which has then to be distributed equally among them. (viii) The surviving heirs are— (a) a son, (b) the widow and three sons of a predeceased son, (c) the widow of a predeceased son of the predeceased son referred to in (b), The son gets one share and the heirs in entries (b) and (c) together, get one share. The latter share should be distributed so that the widow and each of the sons in entry (b) get portion each and the widow in entry (c) gets one-half of such a portion. In the result, the intestate’s son gets one-half of the heritable property, the widow of his predeceased son gets one-ninth, each of the three sons of such predeceased son also gets one-ninth, and the widow of the intestate’s grandson gets one-eighteenth (113) 101. Mode of distribution amongst preferential heirs in class II. — The property of an intestate shall be divided between the preferential heirs in any one entry in class II of Schedule VII, so that they share equally. (114) 102. Agnates who are heirs. —In the absence of any preferential heirs specified in class I or classs II of Schedule VII, agnates of the deceased, related to the intestate within five degrees, shall be entitled to succeed in accordance with the rules set out in this Part. (115) Part I, sec. 8, page 7.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES162 (116) 103. Cognates who are heirs. —In the absence of any preferential heir and agnates, cognates of the deceased related to the deceased within five degrees, shall be entitled to succeed in accordance with the rules set out in this Part. (117) 104. Order of succession amongst agnates and cognates. —The order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder:— Rule 1. —Of two heirs, the one who has fewer or no degrees of ascent is preferred. Rule 2. —Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of ascent. Rule 3. —Where the number of degrees of descent is also the same or none, the heir who is in the male line is preferred to the heir who is in the female line at the first point (counting from the intestate to the heir) where the lines of the two heirs can be so distinguished. Rule 4. —Where the two lines cannot be so distinguished, the heir who is a male is preferred in the heir who is a female. Rule 5. —Where neither heir is entitled to be preferred to the other under the foregoing rules, they take together. * * * * * * * * * *