Vol. 14, Part I · pages 186–190

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES168 Provided that where any such grand-child has also predeceased the intestate, the lineal descendants of such grand-child shall, subject to the provisions of clause (e), be entitled to the share which the grand-child would have taken had he or she survived the intestate; (d) the property shall devolve in the like manner on the remoter surviving lineal descendants of the intestate; (e) the descendants of a child, grand-child or other lineal descendant of the intestate shall not be entitled to any share in his property, if such child, grand-child or other descendant is living at the time of the death of the intestate; (f) the widow, or, where there is more than one widow, all the widows together, shall be entitled to a share equal to that of a child, such share being taken equally by the widows where there is more than one; (g) the mother shall be entitled to a share equal to that of a child. (122) 105 E. Devolution of property, where there is no lineal descendant but there is a widow or mother. —(1) Where the intestate has not left him surviving any lineal descendant but has left his mother and a widow or widows, one-half of the property shall devolve on his mother and the other half on his widow or widows in equal shares. (2) In the absence of a widow, the whole of the property shall devolve on the mother. (123) 105 F. Devolution of property where there is no mother but there is a widow or lineal descendant of mother. —(1) Where the intestate has not left him surviving any lineal descendant or his mother but has left a widow or widows and also a lineal descendant or descendants of his mother, one-half of the property shall devolve on the widow or widows in equal shares and the other half on such lineal descendant or descendants. (2) In the absence of any lineal descendant of the intestate’s mother, the whole of the property shall devolve on the widow or widows in equal shares and, in the absence of the widow, the whole of the property shall devolve on the mother’s lineal descendants. (124) 105 G. Devolution where there is maternal grand-mother or her descendant or the father. —(1) Where the intestate has not left him surviving any of the heirs mentioned in sections 105C, 105E and 105F but has left his father and his maternal grand-mother or lineal descendant or descendants, one-half of the property shall devolve on his father and the other half on her maternal grand-mother or, in her absence, on her lineal descendant or descendants.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES170 (2) In the absence of any lineal descendant of the maternal grand-mother the whole of the property shall devolve on the father, and, in the absence of the father, the whole of the property shall devolve on the maternal grandmother or her lineal descendant or descendants, as the case may be. (125) 105 H. Devolution in other cases. —(1) Where the intestate has not left him surviving any of the heirs mentioned in sections 105C, 105E, 105F and 105G, the whole of the property shall devolve on his mother’s maternal grand mother, or, in her absence, on her lineal descendant or descendants. (2) In the absence of any such descendant, the whole of the property shall devolve on a remoter female ascendant of the intestate in the female line or, in her absence, on her lineal descendant or descendants, me nearer ascendant and her descendants, excluding the more remote ascendant and her descendants. (126) 105 I. Rules for distribution among lineal descendants of mother or other ascendant. —The distribution of the intestate’s property or any share thereof to which two or more lineal descendants of his mother or other ascendant are entitled under the forgoing sections shall be made in accordance with the rules specified in clauses (a) to (e) of section 105C, as if the mother or other ascendant had died intestate in respect of such property or share leaving her surviving the descendants aforesaid. (127) 105 J. Special rules of succession to Nambudri males. —Notwithstanding anything contained in this Chapter, the separate or self-acquired property of a male Hindu who, if this Code had not been passed, would have been governed by the Nambudri law, shall, if he dies intestate in respect thereof, devolve in the order, and in accordance with the rules, specified below, namely:— (a) where the intestate has left him surviving any lineal descendant or descendants or a widow or widows or both such descendant or descendants and a widow or widows, the whole of the property shall devolve on them in accordance with the rules specified in clauses (a) to (f) of section. (b) where me intestate has not left him surviving any of me relatives referred to in clause (a) the property shall devolve in the order, and in accordance with the rules, specified in sections 97 to 108.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES172 (128) Intestate Succession to the property of female General Provision 106. Heirs of a Hindu woman. —Except as otherwise expressly provided in sections 109A and 109B, the properly of a female Hindu dying intestate shall devolve, according to the rules set out in this Part,— (a) firstly, upon the husband and children, including the children of any predeceased child, and (b) secondly, if there is no heir specified in clause (a), then, upon the heirs specified in section 109 in the order named therein. (129) 107. Division of shares among heirs. —(1) Where a Hindu woman diesintestate leaving husband and children, the property of which she dies intestate shall be divided among her husband and children so that they share equally. (2) Where a Hindu woman dies intestate leaving children but no husband, the property of which she dies intestate shall be divided among the children, so that they share equally. (3) If any child of a Hindu woman dying intestate has died in her life time, leaving children alive at the time of her death, the children of such child shall take the share which such child would have taken if living at the intestate’s death. (130) 108. Husband succeeds where no children. —Where a Hindu woman dies Intestate leaving husband but no children, including children of any predeceased child entitled to succeed under section 107, the property of which she dies intestine shall devolve upon the husband.