Vol. 14, Part I · pages 181–185

DR. AMBEDKAR AND THE HINDU CODE BILL 163 Part I, sec. 8, page 7. Part II, sec. 9, pages 7 & 8. 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. (116) 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 to 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. Illustrations In the following illustrations, the letters F and M stand for the father and mother respectively in that portion of the line which ascends from the intestate to the common ancestor, and the letters S and D for the son and daughter respectively in that portion of the line which descend from the common ancestor to the heir. Thus MFSS stands for the intestate’s mother’s father’s son’s son (mother’s brother’s son) and FDS stands for the intestate’s father’s daughter’s son (sister’s son). (i) The competing heirs are (1) SDSS (son’s daughter’s son’s son and (2) FDDS (sister’s daughter’s son). No. (1) who has no degree of ascent is preferred to No. (2) who has one degree of ascent. (ii) The competing heirs are (1) FDDD (sister’s daughter’s daughter) and (2) MFSSD (maternal uncle’s son’s daughter). The former who has only one degree of ascent is preferred to the latter who has two such degrees. (iii) The competing heirs are (1) FDSS (sister’s son’s son) and MFSSD (material uncle’s son’s daughter). The former who has only one degree of ascent is preferred to the latter who has two such degrees. (iv) The competing heirs are (1) MFDSS (mother’s sister’s son’s son) and (2) MFFDS (mother’s father’s sister’s son). The former who has two degrees of ascent is preferred to the latter who has three such degrees. (v) The competing heirs are (I) MFM (mother’s father’s mother) and (2) FFFDSS father’s father’s sister’s son’s son). The number of degrees of ascent in both cases is the same, viz., three, but the former has no degree of descent while the latter has three such degrees. The former (1) is therefore preferred.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES164 (117A) 105. Computation of degrees. —(1) For the purposes of determining the order of succession amongst agnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent, or degrees of descent, or both, as the case may be. (2) Degrees of ascent and degrees of descent shall be computed exclusive of the intestate. (3) Every generation constitutes a degree either ascending or descending. * * * * * *

DR. AMBEDKAR AND THE HINDU CODE BILL 165 (vi) The competing heirs are (1) FMF (father’s mother’s father) and (2) MFFF (mother’s father’s father). The number of degrees of ascent in both the cases is the same, and there are no degrees of descent. The lines of the two heirs diverge at the very first point. No. (1) being in the male line and No. (2) in the female line. No. (1) is preferred to No. (2). (vii) The competing heirs are (1) FDSS (sister’s son’s son) and (2) FDDS (sister’s daughter’s son). The heirs are equally near both in ascent and descent. The dissimilarity in the lines occurs at the third point. At this point. No. (1) is in the male line and No. (2) father’s mother’s sister’s son). The former is preferred. (viii) The competing heirs are (1) FMFSS (father’s mother’s brother’s son) and (2) FMFDS father’s mother’s sister’s son). The former’s preferred. (ix) The competing heirs are (1) FDDS (sister’s daughter’s son) and (2) FDDD (sister’s daughter’s daughter). The former is preferred. (117) 105. Computation of degrees. —(1) For the purposes of determining the order of succession amongst agnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent, or degrees of descent, or both, as the case may be. (2) Degrees of ascent and degrees of descent shall be computed exclusive of the intestate. (3) Every generation constitutes a degree either ascending or descending. Illustrations (i) The heir to be considered is the father’s mother’s father of the intestate. He has no degrees of descent, but has three degrees of ascent represented in order by (1) the intestate’s father, (2) that father’s mother, and (3) her father (the heir). (ii) The heir to be considered is the father’s mother’s father’s mother of the intestate. She has no degrees of descent, but has four degrees of ascent represented in order by (1) the intestate’s father, (2) that father’s mother, (3) her father, and (4) his mother (the heir). (iii) The heir to be considered is the son’s daughter’s son’s daughters of the intestate. She has no degrees of ascent, but has four degrees of descent represented in order by (1) the intestate’s son, (2) that son’s daughter, (3) her son, and (4) his daughter (the heir). (iv) The heir to be considered is the mother’s father’s father’s daughter’s son of the intestate. the has three degrees of ascent represented in order by (1) the intestate’s mother, (2) her father and (3) the father’s father, and two degrees of descent represented in order by (1) the daughter of the common ancestor, viz., the mother’s father’s father and (2) her son (the heir). (117A) Part II, sec. 8, page 7.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES166 (118) Succession to the property of male Marumakkattayis, etc. 105 A. Rules of succession to male Marumakkattayis, etc. dying intestate.—Notwithstanding anything contained in this Chapter the separate or self-acquired property of a male Hindu who dies intestate in respect thereof, shall— (a) in the case of a person to whom the Marumakkattayam or Aliyasantana law would have applied if this Code had not been passed, devolve in the order and according to the rules contained in sections 105-C to 105-1 inclusive; and (b) in the case of a person to whom the Nambudri law would have applied if this Code had not been passed, devolve in the order and according to the rules set out in section 105-J. (119) 105 B. Lineal descendant defined. —In sections 105C to 105J inclusive and in section 109A and 109B, the expression “lineal descendant”, used with reference to any person, means any descendant of that person, whether in the male or female line or partly in the male and partly in the female line, and includes any child of that person. (120) 105 C. Devolution of property, where there is a lineal descendant.—(1) Where the intestate has left him surviving a lineal descendant or descendants and his mother or a widow or widows or both his mother and a widow or widows, the whole of the intestate’s property shall devolve on them. (2) In the absence of the mother and widow, the whole of the property shall devolve on the lineal descendant or descendants. (121) 105 D. Rules of distribution. —Where there is a lineal descendant, the distribution of the property among the heirs referred to in section 105C shall be made in accordances with the following rules, namely:— (a) each child (son or daughter) shall be entitled to an equal share; (b) where a child has predeceased the intestate, the lineal descendants of such child shall, subject to the provisions of clause (e), be entitled to the share which the child would have taken had he or she survived the intestate; (c) grand-children of the intestate by a deceased child shall be entitled in equal shares to what such child would have taken had he or she survived the intestate;